Vijay Kumar Ray @ Vijay RaiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73626 of 2025
                        Arising Out of PS. Case No.-802 Year-2024 Thana- GARKHA District- Saran
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           1.     Vijay Kumar Ray @ Vijay Rai S/o Alakh Ray @ Alakh Rai R/o vill - Tahal
                  Toal, P.S.- Garkha, Distt.- Saran at Chapra
           2.    Tufani Kumar @ Pappu Kumar S/o Balam Rai @ Raj Balam Rai R/o vill -
                 Zilkabad Mathiya, P.S.- Garkha, Distt.- Saran at Chapra

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Chandra Mohan Jha
                 For the Opposite Party/s :       Mr. Ram Sumiran Rai
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   15-05-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 191(2),

                   191(3), 190, 126(2), 118(2), 109(1) and 132(4) of the BNS,

                   2023.

                                3. Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of one case under the Excise Act

                   and petitioner no. 2 has antecedent of three cases under the

                   Excise Act and the informant alleges that on 28.12.2024, a

                   tractor driver was brutally assaulted for committing an accident,

                   accordingly, the informant reached the place of occurrence,
Patna High Court CR. MISC. No.73626 of 2025(3) dt.15-05-2026
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          when named accused persons along with 50 unidentified

          accused assaulted the police party causing injury to some

          policemen and also damaged the police vehicle.

                       4. Learned counsel for the petitioners submits that a

          villager on account of accident by the tractor died, as such, the

          villagers had surrounded the tractor and were demanding

          compensation for the deceased when police force arrived and

          the villagers in rage had an altercation with the police force, but

          then it is submitted that allegation of assault and damaging the

          police vehicle is general and omnibus in nature. It is also

          submitted that since petitioners have antecedent under the

          Excise cases, as such, they came to be implicated in the instant

          case. It is also submitted that if privilege of anticipatory bail is

          granted, petitioners will not abscond rather will cooperate in the

          investigation to prove their innocence.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender before the learned trial court

          within a period of six weeks from today, be released on

          anticipatory bail on furnishing bail bonds of Rs. 25,000/-
             Patna High Court CR. MISC. No.73626 of 2025(3) dt.15-05-2026
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                       (Rupees Twenty Five Thousand) each with two sureties of the

                       like amount each to the satisfaction of the learned trial court

                       where the case is pending/successor court in connection with

                       Garkha P.S. Case No. 802 of 2024 subject to the conditions as

                       laid down under Section 482 (2) of the BNSS.

                                    7. However, it is made clear that in the event if the

                       Investigating Officer of the case files an application before the

                       learned Trial Court bringing to its notice that petitioners despite

                       giving assurance to this Court are not co-operating in the

                       investigation, in that event the learned Trial Court shall be at

                       liberty to cancel the bail bonds of the petitioners.



                                                 (Satyavrat Verma, J)
amit/-

U        T