Bhikham Rai @ Bhikhan RaiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86261 of 2025
                       Arising Out of PS. Case No.-240 Year-2024 Thana- DORIGANJ District- Saran
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                 Bhikham Rai @ Bhikhan Rai S/o Bhuvan Rai R/o Village - Balwan Tola,
                 Police station - Doriganj, District - Saran (Chapra)

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Brij Kishor Mishra, Advocate
                 For the Opposite Party/s :       Mr. Binod Kumar, APP
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 191(2), 191(3), 190,

                   109 and 132 of B.N.S., 2023 as well as Section 27 of the Arms

                   Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedents of three cases and the informant

                   alleges that on 27.09.2024 at 09:00 p.m., he heard an

                   information regarding dispute in between two rival groups and

                   the groups in order to establish supremacy were resorting to

                   firing and a woman suffered gunshot injury, namely, Rajani

                   Kumari. Accordingly, the informant proceeded towards the

                   place of occurrence and heard sound of firing coming from
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          different directions. Further, from the place of occurrence and

          on the way also, the informant found several empty cartridges

          and Rajani Kumari was sent to hospital. Accordingly, the FIR

          was instituted against 29 named accused persons along with 40-

          50 unknown accused.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that no doubt, petitioner has

          antecedents of three cases but then one case is with respect to

          the same occurrence for which the instant FIR has been

          instituted, other case is under the Excise Act and one case has

          been instituted under Section 307 read with other sections of the

          Indian Penal Code. It is next submitted that from perusal of the

          allegations, as alleged in the FIR, it would manifest that

          allegations are general and omnibus in nature. It is also

          submitted that the informant has also not seen the occurrence

          but then based on secret information and disclosure made by the

          villagers, the names of the accused persons were recorded in the

          FIR. It is further submitted that even statement of Rajani

          Kumari was recorded but the same, more or less, is in the same

          terms in which the instant FIR has been recorded. It is next

          submitted that petitioner was granted the privilege of
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          anticipatory bail in the second FIR, which was instituted for the

          instant occurrence as would manifest from Annexure-3 to the

          anticipatory bail application. It is next submitted that petitioner

          will not abscond rather will cooperate in the investigation to

          prove his innocence.

                       5. Learned APP opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, let petitioner, above-named, in the

          event of his 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.50,000/-

          (Rupees Fifty Thousand) 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 Doriganj P.S.

          Case No.240 of 2024, subject to the conditions as laid down

          under Section 482(2) of B.N.S.S.

                       7. It is made clear that one of the bailors shall be the

          father of the petitioner, namely, Bhuvan Rai.

                       8. It is also made clear that if the Investigating Officer

          of the case files an application before the learned Trial Court

          bringing to its notice that petitioner, despite giving assurance to
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                         this Court, is not cooperating in the investigation, in that event,

                         the learned Trial Court shall be at liberty to cancel the bail

                         bonds of the petitioner after recording reasons.

                                      9. Let a copy of this order be sent to the concerned

                         Police Station through the learned Trial Court.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T