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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36854 of 2025 Arising Out of PS. Case No.-419 Year-2024 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Arvind Kumar Ray Son of Jagesh Ray Resident of village - Amdipur, P.S.- Shahpur Patory, District - Samastipur. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shankar Prasad Roy, Advocate For the Opposite Party/s : Ms. Meena Singh, APP For the Informant : Mr. Dilip Kumar Roy, Advocate Ms. Rekha Ranjan Prasad, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 18-06-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with Shahpur Patory P.S. Case No. 419 of 2024, instituted for the offences punishable under Sections 103(1), 191(2), 190, 126(2), 115(2), 117(2), 109, 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that, the petitioner along with other co-accused persons being armed with iron rod, fasuli, khanti and lathi and surrounded the father and uncle of the informant. It is further alleged that Bindeshwar Rai and Dayanand Rai assaulted with khanti to Subodh Rai, the father of
Patna High Court CR. MISC. No.36854 of 2025(2) dt.18-06-2025 2/3 the informant. It is also alleged that the accused persons have assaulted him with lathi and iron rod.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the specific allegation of assault is levelled against co-accused, namely, Bindeshwar Rai and Dayanand Rai. The nature of allegation levelled against the petitioner is general and omnibus in nature. The petitioner is in custody since 02.02.2025 and has got no criminal antecedent.
Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by a Co- ordinate Bench of this Court vide order dated 20.05.2025 passed in Cr. Misc. No. 30165 of 2025.
5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
Patna High Court CR. MISC. No.36854 of 2025(2) dt.18-06-2025 3/3
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Shahpur Patory P.S. Case No. 419 of 2024.
Rajorshi/- (Rudra Prakash Mishra, J) U T