Ram Hirday RayversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42106 of 2026
                     Arising Out of PS. Case No.-134 Year-2019 Thana- KAMTAUL District- Darbhanga
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                 Ram Hirday Ray S/o Late Ram Ekbal Ray R/o Village - Ahiyari Goat, P.S -
                 Kamtaul, District - Darbhanga
                                                                        ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Baidyanath Prasad, Adv.
                 For the Opposite Party/s :       Mr.Gulnar Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   01-07-2026             Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                           2. The petitioner is apprehending his arrest in connection

                   with Kamtaul P.S. Case No. 134 of 2019 dated 06.09.2019

                   registered for the offence punishable under Section/s 341, 323,

                   353, 379, 427, 504, 34 of the I.P.C.

                           3. As per the prosecution case, the allegation against the

                   petitioner is that he abused and assaulted the informant,

                   snatched her gold chain, and took away official government

                   documents, including the selection list and the documents of 65

                   beneficiaries under the Pradhan Mantri Aawas Priority List.

                           4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence as alleged

                   in the F.I.R. rather for the personal grudge and enmity, the

                   instant case is said to have been registered by the Informant. It
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          is further submitted that there is nothing specific against the

          petitioner. It is the petitioner's case that the informant was

          demanding Rs. 10,000/- from each beneficiary for including

          their names in the list of beneficiaries under the Pradhan Mantri

          Awas Scheme. The petitioner opposed this demand, and, as a

          result, the present case has allegedly been instituted against him

          to satisfy the informant's illegal demands. It is the case of the

          petitioner that the petitioner was given the benefit of privilege

          under Section 41(1) of the Cr.P.C. and during investigation, he

          never misused the privilege granted under Section 41(1) of the

          Cr.P.C. Lastly, it is submitted that the petitioner bears on

          criminal antecedent in which he is on bail.

                  5. Learned APP for the State opposes the prayer for grant

          of anticipatory bail.

                  6. Having heard learned counsel for the parties and

          considering the fact that there is nothing specific against the

          petitioner and the fact that the petitioner has never misused the

          privilege granted under Section 41(1) of the Cr.P.C. during

          investigation, let the petitioner, above named, be released on

          anticipatory bail in the event of his arrest or surrender before the

          court below within a period of six weeks from today on

          furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
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                        two sureties of the like amount each to the satisfaction of

                        learned Chief Judicial Magistrate, Darbhanga in connection with

                        Kamtaul P.S. Case No. 134 of 2019, subject to the condition as

                        laid down under Section 482(2) of the B.N.S.S. as well as the

                        following conditions:

                                (i)   One      of    the    bailors     should   be   the   family

                        member/relative/known of the petitioner(s) who shall provide

                        official document / personal affidavit to show his/her bona fide;

                                (ii) the petitioner(s) shall appear on each and every date

                        before the Trial Court and failure to do so for two consecutive

                        dates without plausible reason will entail cancellation of his bail

                        bond by the Trial Court itself;

                                (iii) the petitioner(s) shall in no way try to induce or

                        promise or threat the witnesses or tamper with the evidences,

                        failing which the State shall be at liberty to take steps for

                        cancellation of the bail bonds;

                                (iv) the petitioner(s) shall desist from committing any

                        criminal offence again, failing which the State shall be at liberty

                        to take steps for cancellation of their bail bonds.



                                                                                 (Ajit Kumar, J)
rishi/-

U         T