IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.67646 of 2025 Arising Out of PS. Case No.-419 Year-2024 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Bindeshwar Ray @ Vindeshwar Ray S/o Late Tuna Ray R/o Village- Amdipur, P.S.- Shahpur Patory, District- Samastipur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pramod Kumar Singh, Adv. For the Opposite Party/s : Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 17-09-2025 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 the informant. It is also alleged that the accused persons have Patna High Court CR. MISC. No.67646 of 2025(2) dt.17-09-2025 2/3 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 out of malice, enmity and grudge. There is no specific or direct allegation of any overt act against the petitioner rather the same is general and omnibus in nature. There is a case and counter case between the parties due to land dispute. The petitioner is 76 years old and is suffering from various chronic diseases. The petitioner is in custody since 11.07.2025 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. Co-accused Arvind Kumar Ray has also been granted bail by this Court vide order dated 18.06.2025 passed in Cr. Misc. No. 36854 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, stating that there is direct allegation against the petitioner that he along with co-accused assaulted the informant’s father along with other injured by means of Khanti and Fansuli due to which the informant’s father died. Patna High Court CR. MISC. No.67646 of 2025(2) dt.17-09-2025 3/3 6. Having heard learned counsel for the parties and in the facts and circumstances of the case and keeping in view the nature of allegation, gravity of the offence as also there being direct allegation of assault against the petitioner, this Court is not inclined to grant bail to the petitioner. 7. Accordingly, the prayer for bail of the petitioner, above named, is rejected with a direction to the court below to expedite the trial and conclude the same expeditiously. rishi/- (Rudra Prakash Mishra, J) U T