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2026 DAILYLAW 41895 (PAT)

Dinesh Rai v. The State of Bihar

CR. MISC./88204/2025 · 2026-01-13

R P Mishra

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.88204 of 2025 Arising Out of PS. Case No.-419 Year-2024 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Dinesh Rai Son of Late Shankar Ray Resident of Village- Amdipur, P.S.- Shahpur Patory, District- Samastipur (Bihar) ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shankar Prasad Roy, Advocate For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 13-01-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Shahpur Patory P.S. Case No. 419 of 2024 instituted for the offence under Sections 103(1), 191(2), 190, 126(2), 115(2), 117(2), 109, 352 & 351(2) of the Bharatiya Nyaya Sanhita, 2023. 3. The prosecution case, in short, is that the petitioner along with other co-accused person 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.88204 of 2025(2) dt.13-01-2026 2/3 assaulted him with lathi and iron rod. 4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.08.2025. Petitioner bears one criminal antecedent/s, as per disclosure made in paragraph No. 3 of the bail application. 5. It has been further submitted by the petitioner’s counsel that petitioner has been falsely implicated in the present case. From perusal of the FIR, it would manifest that there is no specific allegation against the petitioner, rather the same is attributed to Bindeshwar Rai and Dayanand Rai. It is submitted that there is previous land dispute between the parties. Other co- accused have been granted bail by this Court, vide order dated 21.11.2025, passed in Cr. Misc. No. 81135 of 2025. 6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, claim based on parity and there being no specific allegation against the petitioner, this Court is inclined to grant bail to the petitioner. 8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court Patna High Court CR. MISC. No.88204 of 2025(2) dt.13-01-2026 3/3 below/concerned Court in connection with Shahpur Patory P.S. Case No. 419 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. Raj Kishore/- (Rudra Prakash Mishra, J) U T