Chandra Bhushan Ray @ Bhushan Ray @ Chandra Bhushan Singh v. The State of Bihar
CR. MISC./21674/2025 · 2025-07-30
R P Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32075 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32075 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21547 of 2025 Arising Out of PS. Case No.-193 Year-2024 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Rohit Ray @ Rohit Kumar Ray Son of Brahmdev Ray Resident of Village - Chauri, Ward No. 16, Mahnar, P.S. - Mahnar, District - Vaishali ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 20121 of 2025 Arising Out of PS. Case No.-193 Year-2024 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Rahul Ray @ Rahul Kumar S/O Brahmdev Ray R/O Village- Chauri, Ward No. 16, Mahnar, P.S- Mahnar, Distt.- Vaishali. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 21674 of 2025 Arising Out of PS. Case No.-193 Year-2024 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Chandra Bhushan Ray @ Bhushan Ray @ Chandra Bhushan Singh S/O Ramashray Singh R/O Vill.- Govindpur Gokhula, P.S.- Bidupur, Dist.- Vaishali ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 26547 of 2025 Arising Out of PS. Case No.-193 Year-2024 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Sarvind Kumar S/O Rajendra Rai @ Rajendra Ray R/O Village- Kharjamma, P.S- Mahnar, Distt.- Vaishali. ... ... Petitioner/s Versus The State of Bihar
Patna High Court CR. MISC. No.21547 of 2025(3) dt.30-07-2025 2/4 ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 21547 of 2025) For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP (In CRIMINAL MISCELLANEOUS No. 20121 of 2025) For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP (In CRIMINAL MISCELLANEOUS No. 21674 of 2025) For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP (In CRIMINAL MISCELLANEOUS No. 26547 of 2025) For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 3 30-07-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Udwant Nagar P.S. Case No. 193 of 2024 registered for the offences punishable under Section 365 of the Indian Penal Code (for short ‘the IPC’). Subsequently, Sections 302, 201 & 120B of the IPC were added.
3. The prosecution case, in short, is that the informant’s son, Rajesh Kumar Yadav left home on 04.05.2024 at around 11:00 A.M. in his Swift Dzire car (Reg. No. BR01DD 5975). Since then, his mobile number 9798748284 has remained switched off.
4.
Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence as
Patna High Court CR. MISC. No.21547 of 2025(3) dt.30-07-2025 3/4 alleged against them and have falsely been implicated in the present case. Petitioners bear no criminal antecedent. There is delay of eight days in lodging the FIR. Name of the petitioners have surfaced in this case on the basis of confessional statement of co-accused, namely, Krishna Kumar and Binay Kumar Mishra and the same has no evidentiary value in the eye of law. Both the accused on whose disclosure names of the petitioners have surfaced have been enlarged on bail by this Court vide
order dated 20-02-2025, passed in Cr. Misc. No. 83531 of 2024 & Cr. Misc. No. 80283 of 2024.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. It is contended that petitioners role is evident in the confessional statement of co-accused, wherein it is revealed that they actively participated in the disposal of the dead body.
6. Considering the rival submissions made by the
learned counsel for the parties, nature and gravity of the offence, this Court is not inclined to grant anticipatory bail to the petitioners. Prayer for grant of anticipatory bail to the petitioners is hereby rejected.
7. However, if the petitioners surrender before the court below within a period of four weeks from today and prays
Patna High Court CR. MISC. No.21547 of 2025(3) dt.30-07-2025 4/4 for regular bail, the same would be considered by the court below in accordance with law without being prejudiced by the
order of this Court.
Raj Kishore/- (Rudra Prakash Mishra, J) U T