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2026 DAILYLAW 40955 (PAT)

Shivjee Ray v. The State of Bihar

CR. MISC./77768/2025 · 2026-02-05

Prabhat Kumar Singh

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.77768 of 2025 Arising Out of PS. Case No.-131 Year-2025 Thana- DIDARGANJ District- Patna ====================================================== Shivjee Ray Son of Ramlagan Ray Resident of Azamgadh Nagwan Tola, Jagdishpur, P.S.- Dumra, District- Sitamarhi ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Umeshanand Pandit , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 05-02-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. 2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 316(2), 318(4), 318(3), 336(3), 303(2) and 3(5) of the B.N.S.. 3. The prosecution case, in brief, is that informant is in the business of transportation, which is in the name Adarsh Raj Road Lines. It is alleged that on 11.04.2025, informant, on the guarantee of co-accused Dilshad, who also owns a transport company by thename of ATC Transports, Shamli, U.P., got the goods loaded from Gowardhan Ispat Pvt. Ltd. on a truck bearing Registration No. HR-45-B-4845 for delivery at Jaiswal Steel, Gorakhpur and Sri Balaji Steel, Gorakhpur. Owner and driver of the truck is co-accused Arshad and he was accompanied by co- Patna High Court CR. MISC. No.77768 of 2025(2) dt.05-02-2026 2/3 accused Eklas. However, on 14.04.2025, informant came to know that goods have yet not been delivered. Thereafter, informant tried contacting the F.I.R. named accused persons but they kept on making excuses. Informant suspects that all the F.I.R. named accused persons, in a planned conspiracy, have embezzled the goods. 4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioners is not named in the F.I.R.. Name of petitioner transpired in this case during course of investigation and no stolen article were recovered from possession of this petitioner. 5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that during course of investigation it has come that stolen articles i. e ,. huge quantity of steel, were purchased by this petitioner from other co-accused persons and the same were recovered from his welding shop . The witness of seizure from his shop is his own brother namely Rajesh Kumar and other witnesses have also supported the prosecution case . 6. Considering the facts and circumstances of the case, nature of accusation, materials that have surfaced during Patna High Court CR. MISC. No.77768 of 2025(2) dt.05-02-2026 3/3 course of investigation and other circumstances of the case , the prayer for grant of anticipatory bail to the petitioner is rejected. Koushik/- (Prabhat Kumar Singh, J) U T