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2026 DAILYLAW 41730 (PAT)

Sachindar Ray @ Sachindar Prasad Ray v. The State of Bihar

CR. MISC./81975/2025 · 2026-01-15

Sourendra Pandey

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.81975 of 2025 Arising Out of PS. Case No.-286 Year-2024 Thana- BARAHAT District- Banka ====================================================== 1. Sachindar Ray @ Sachindar Prasad Ray S/o Late Chunni Lal Ray R/o Village - Kharwa, P.S - Barahat, District - Banka 2. Dipak Ray @ Dipak Kr. Ray @ Deepak Kr. Ray S/o Sachindar Ray @ Sachindar Pd. Ray R/o Village - Kharwa, P.S - Barahat, District - Banka 3. Chhotu Ray @ Niraj Ray S/o Sachindar Ray @ Sachindar Pd. Ray R/o Village - Kharwa, P.S - Barahat, District - Banka 4. Pancham Ray @ Anand Ray S/o Sachindar Ray @ Sachindar Pd. Ray R/o Village - Kharwa, P.S - Barahat, District - Banka 5. Badken Ray @ Santosh Ray S/o Sachindar Ray @ Sachindar Pd. Ray R/o Village - Kharwa, P.S - Barahat, District - Banka 6. Gopal Ray @ Gopal Kr. Bhatt S/o Bhavendra Ray R/o Village - Kharwa, P.S - Barahat, District - Banka 7. Abhishek Ray @ Abhishek Kr. Ray S/o Khakar Ray R/o Village - Kharwa, P.S - Barahat, District - Banka ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ajay Mukherjee, Adv. For the Opposite Party/s : Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 2 15-01-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. The petitioners apprehend their arrest in connection with Barahat P.S. Case No. 286 of 2024 registered for the offences punishable under Sections 126(2), 115(2), 110, 303(2), 352, 351(2) and 3(5) of the B.N.S. 3. As per the prosecution case, the informant has alleged Patna High Court CR. MISC. No.81975 of 2025(2) dt.15-01-2026 2/4 that while playing a cricket match, there was an altercation, upon which all the petitioners came there and assaulted the informant with sawal and lathi. It is specifically alleged that the petitioner no. 2 gave sawal blow on the head of the informant while the petitioner no. 6 assaulted him with lathi and petitioner no. 4 took away Rs. 200/- from his pocket. 4. The learned counsel for the petitioners submit that petitioners are innocent and have falsely been implicated in this case. It has further been submitted that there is a case and counter case for the same incident. Learned counsel has further submitted that the petitioners have no intention to kill the informant rather the single blow of sawal is said to have been given on the head of the informant and the two injuries are found to be simple in nature and the rest of the allegations are ornamental in nature. It has lastly been submitted that the petitioner nos. 1 and 2 have one criminal antecedents in which they are on bail and rest of the petitioners have clean antecedent. 5. The learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioners. 6. Considering the aforesaid submissions made by the parties and taking into account the facts and circumstances of the case, the petitioners above named, are directed to be released on Patna High Court CR. MISC. No.81975 of 2025(2) dt.15-01-2026 3/4 anticipatory bail, in the event of arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail-bonds of Rs. 10,000/-(Rupees Ten Thousand)each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Barahat P.S. Case No. 286 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of BNSS as well as subject to the following conditions:- (i) One of the bailors will be a close relative of the petitioners. (ii) The petitioners shall remain physically present before the concerned Court on each and every date of the trial and shall cooperate in the investigation. (iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioners will be liable to be cancelled by the Court concerned. (iv) The trial court shall verify the criminal antecedent of the petitioners and in case, at any stage, it is found that the petitioners have concealed their criminal antecedents, the trial court shall take necessary steps for cancellation of bail bonds of the petitioners. However, the acceptance of bail bonds in terms of Patna High Court CR. MISC. No.81975 of 2025(2) dt.15-01-2026 4/4 the above mentioned order shall not be delayed for purpose of or in the name of verification. 7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. 8. The application stands allowed. Gautam/- (Sourendra Pandey, J) U T