Mantu RaiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8198 of 2026
                      Arising Out of PS. Case No.-122 Year-2025 Thana- RAGHOPUR District- Vaishali
                 ======================================================
           1.     Mantu Rai, S/o Budhan Rai, R/o Vill.- Rampur Bhatthi, P.S.- Raghopur,
                  District- Vaishali
           2.    Raju Rai @ Rajan Kumar, S/o Budhan Rai, R/o Vill.- Rampur Bhatthi, P.S.-
                 Raghopur, District- Vaishali
           3.    Kaila @ Surendra Rai, S/o Late Jaglal Rai, R/o Vill.- Rampur Bhatthi, P.S.-
                 Raghopur, District- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sunil Kumar Singh, Advocate
                                                   Mr. Kumkum Bhagawati, Advocate
                                                   Ms. Ayushi Gupta, Advocate
                                                   Ms. Pragya, Advocate
                                                   Ms. Shyamli Kumari, Advocate
                 For the Opposite Party/s :        Mr. Harendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

4   21-05-2026                   Heard the learned counsel for the petitioners and the

                   learned A.P.P. for the State through virtual mode.

                                 2. The petitioners are apprehending their arrest in

                   connection with Raghopur P.S. Case No. 122 of 2025, registered

                   for the offence(s) under Section(s) 103(1) and 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023 (B.N.S.).

                                 3. As per the prosecution case, the informant has

                   alleged that her husband Kasim Khalifa, under a pre-planned

                   conspiracy, had gone along with the FIR named accused persons

                   including the petitioners. It has further been alleged that the
Patna High Court CR. MISC. No.8198 of 2026(4) dt.21-05-2026
                                            2/4




          informant received a news that the accused persons had

          committed murder of her husband and after leaving the dead

          body at N.M.C.H., they fled away from there.

                       4. The learned counsel for the petitioners submits that

          the petitioners have falsely been implicated in this case without

          any basis and admittedly the husband of informant had died on

          10.05.2025, but the present case, as an after thought, was lodged

          on 13.05.2025. The learned counsel for the petitioners referred

          to the case diary wherein during the course of investigation, it

          has come to notice that the husband of informant while working

          at an under construction hospital, had fell unconscious and was

          taken to the hospital by his co-workers besides petitioner no. 2

          Raju Rai, under whom he was working, where he was declared

          dead. The learned counsel further referred to the post-mortem

          report of the deceased wherein nothing untoward has been

          reported and no external injury was even found over the body of

          the deceased. It has lastly been submitted that the petitioner nos.

          1 and 2 have clean antecedents while petitioner no. 3 has one

          criminal antecedent in which he is on bail.

                       5. The learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioners.
Patna High Court CR. MISC. No.8198 of 2026(4) dt.21-05-2026
                                             3/4




                       6. Considering the facts and circumstances of the

          case and the submissions advanced on behalf of the parties, let

          the petitioners, above-named, be released on anticipatory bail, in

          the event of their arrest or surrender before the concerned

          Court/successor Court within a period of four weeks from today,

          on their furnishing bail bonds in the sum of Rs. 10,000/-

          (Rupees Ten Thousand) each with two sureties of the like

          amount,       each     to    the     satisfaction     of    the     concerned

          Court/successor Court where the case is pending in connection

          with Raghopur P.S. Case No. 122 of 2025, subject to the

          conditions as laid down under Section 438(2) of the Code of

          Criminal Procedure, 1973 read with corresponding Section

          482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023

          (B.N.S.S.) as well as subject to the following conditions :

                                  (i) One of the bailors of the petitioners shall be their
                            close relative and the other shall be a local resident.
                                  (ii) The petitioners shall remain physically present
                            before the concerned Court on each and every date of the
                            trial and shall cooperate in the investigation.
                                  (iii) In case of absence for two consecutive occasions
                            or in violation of the terms of the bail, the bail bonds of
                            the petitioners will be liable to be cancelled by the
                            concerned Court.
                                  (iv) The concerned Court shall verify the criminal
                            antecedents of the petitioners and in case, at any stage, it is
                            found that they have concealed their criminal antecedents,
                            the Court concerned shall take necessary steps for
           Patna High Court CR. MISC. No.8198 of 2026(4) dt.21-05-2026
                                                       4/4




                                       cancellation of their bail bonds. However, the acceptance
                                       of bail bonds in terms of the above-mentioned order shall
                                       not be delayed for purpose of or in the name of
                                       verification.


                                  7. It is made clear that the observations, if any, made

                     in this order, shall be of no bearing during the trial.

                                  8. The application stands allowed.



                                                                  (Sourendra Pandey, J)
krishna/deepak/-

U      T