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2025 DAILYLAW 57053 (PAT)

Rahul Ray v. The State of Bihar

CR. MISC./44490/2025 · 2025-07-21

Shailendra Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44490 of 2025 Arising Out of PS. Case No.-18 Year-2024 Thana- Bahoranpur District- Bhojpur ====================================================== Rahul Ray Son of Ramendra Ray Resident of Village- Sarangpur, P.S.- Bahoranpur, District- Bhojpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s : Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 2 21-07-2025 Heard Mr. Ajay Kumar Singh, learned counsel for the Petitioner and Mr. Ram Naresh Ray, learned APP for the State. 2. Petitioner seeks regular bail in connection with Bahoranpur P.S. Case No. 18 of 2024 dated 19.05.2024 registered for the offences punishable under Sections 307, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act. 3. The main submissions advanced by petitioner’s counsel are that the FIR has been registered against three accused including the petitioner, from bare perusal of the FIR it is clearly evident that the main allegation is against the co- accused Prakash Thakur who allegedly fired at the informant and one co-accused namely, Akash Thakur issued threats by firing and the petitioner is simply alleged to be present with the Patna High Court CR. MISC. No.44490 of 2025(2) dt.21-07-2025 2/3 co-accused Prakash Thakur and Akash Thakur and except this, there is no allegation against him. It is further submitted that the petitioner and the informant both lives in same locality and have previous enmity between them. It is lastly submitted that the petitioner has been languishing in jail since 17.04.2025 though against him, there are criminal antecedents of four cases but he is on bail in all the said cases. 4. Learned APP appearing for the State has opposed the prayer for bail of the petitioner. 5. Considering the aforesaid submissions and mainly the fact that the main allegation is against co-accused Prakash Thakur, any specific role of this petitioner in the alleged firing which is said to have been made to terrorise the informant, has not been revealed and also, coupled with his custody period, this Court is inclined to release him on bail. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Bahoranpur P.S. Case No. 18 of 2024 on the following conditions:- (i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the trial Patna High Court CR. MISC. No.44490 of 2025(2) dt.21-07-2025 3/3 Court and shall remain physically present as and when directed by the trial Court and failing which, in case of his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the trial Court. (ii) If the petitioner tampers with the evidence or influences the witnesses, in that case, the prosecution will be at liberty to move for cancellation of his bail. (iii) One of the bailors shall be a close relative of the petitioner who has sworn affidavit in this miscellaneous petition. maynaz/- (Shailendra Singh, J) U T