Nilesh Roy @ Nilesh Kumar Roy v. The State of Bihar
CR. MISC./51627/2025 · 2025-08-12
Arun Kumar Jha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 64946 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 64946 (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.51627 of 2025 Arising Out of PS. Case No.-122 Year-2025 Thana- MANSI District- Khagaria ======================================================
1. Nilesh Roy @ Nilesh Kumar Roy S/o Mithlesh Roy Resident Of Village- Saidpur, Ward No. 15, P.S.- Mansi, District- Khagaria
2. Shiwam Roy @ Shiwam Kumar Roy S/o Late Vimal Roy Resident Of Village- Saidpur, Ward No. 15, P.S.- Mansi, District- Khagaria ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Hafiz Shahbaz Arif, Advocate For the Opposite Party/s : Mr.Mrityunjaya Kr.Gautam, A.P.P. Mr. Praveen Kumar Agrawal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 12-08-2025 Heard learned counsel for the petitioners, learned counsel for the informant and learned A.P.P. for the State. 2. In the present case, the petitioners seek bail in connection with Mansi P.S. Case No. 122 of 2025, registered for the offences under Sections 191(2), 191(3), 190, 127(2), 119(2), 325, 326(g), 352, 351(2), 351(3) & 109 of the BNS and Section 27 of the Arms Act. 3. As per the prosecution case, petitioners and other co-accused persons who were variously armed came to the basa of the informant and hurling abuses started scattering the goods lying in basa. On instigation of co-accused Raj Kumar Rai, co- accused Indrajeet fired on husband and son of informant who
Patna High Court CR. MISC. No.51627 of 2025(2) dt.12-08-2025 2/3 fell down and the shot missed them but one of the cattles died after receiving gun shot injury. Thereafter co-accused Naveen Rai and Krishna Kumar set the basa on fire. 4. Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. No occurrence as alleged has ever taken place. This false case has been lodged in order to pressurize the petitioners to compromise the earlier case lodged against the husband of the informant who has been absconding. From the FIR it is clear that there is no specific allegation of any overt act against the petitioner and the allegations are general and omnibus. The petitioners are having clean antecedent and they are in custody since 29.05.2025. 5. Learned A.P.P. appearing for the State and learned counsel for the informant vehemently oppose the submission made on behalf of the petitioners.
Learned counsel for the informant submits that there is allegation against the petitioner and other co-accused persons that they damaged the goods lying in the basa of the informant. 6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the vague nature of allegation and also considering the clean
Patna High Court CR. MISC. No.51627 of 2025(2) dt.12-08-2025 3/3 antecedent of the petitioners and their period of custody, the petitioners are directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Khagaria/concerned court, in connection with Mansi P.S. Case No. 122 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions: (i) One of the bailors will be a close relative of the petitioners. (ii) The petitioners will remain present on each and every date fixed by the below, if so required by the learned trial court. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned. anuradha/- (Arun Kumar Jha, J) U T