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2026 DAILYLAW 43104 (PAT)

Jagesh Rai @ Jagesh Ray v. The State of Bihar

CR. MISC./86142/2025 · 2026-02-09

R P Mishra

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86142 of 2025 Arising Out of PS. Case No.-419 Year-2024 Thana- SHAHPUR PATORI District- Samastipur ====================================================== 1. Jagesh Rai @ Jagesh Ray S/o Late Tuna Ray @ Tula Ray Resident of village- Amdipur, P.S.- Shahpur Patori, District-Samastipur 2. Ravin Rai @ Ravin Ray @ Ravin Kumar S/o Jagesh Rai @ Ragesh Ray Resident of village- Amdipur, P.S.- Shahpur Patori, District-Samastipur 3. Anand Ray @ Naveen Rai @ Anand Kumar @ Naveen Rai S/o Jagesh Rai @ Ragesh Ray Resident of village- Amdipur, P.S.- Shahpur Patori, District- Samastipur 4. Rajesh Rai @ Rajesh Ray @ Rajesh Kumar Ray S/o Bindeshwar Rai @ Bindeshwar Ray @ Vindeshwar Ray Resident of village- Amdipur, P.S.- Shahpur Patori, District-Samastipur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate For the State : Mr. Amitesh Kumar, APP For the Informant : Mr. Dilip Kumar Roy, Advocate Ms. Sonia Narayan Sinha, Advocate Mr. Pradyuman Kumar, Advocate Mr. Vishal Kumar, Advocate Mr. Amitesh Kumar, Advocate Ms. Rekha Ranjan Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 3 09-02-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. Earlier, anticipatory bail of the petitioners along with other co-accused person has been dismissed as withdrawn by this Court vide order dated 19.09.2025 passed in Cr. Misc. No. 26978 of 2025. 3. The petitioners seek bail in connection with Shahpur Patna High Court CR. MISC. No.86142 of 2025(3) dt.09-02-2026 2/3 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. 4. The prosecution case, in short, is that, the petitioners 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 assaulted him with lathi and iron rod. 5. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material have been recovered from the conscious possession of the petitioners. Learned counsel for the petitioners also submits that no specific allegation has been attributed against the petitioners rather the same is general and omnibus in nature. The petitioners and informant are co-villagers. There is previous land dispute between the parties. It is next submitted that specific allegation of assault is against co-accused Bindeshwar Raia and Dayanand Rai. The petitioners are in custody since 20.08.2025 and have Patna High Court CR. MISC. No.86142 of 2025(3) dt.09-02-2026 3/3 got no criminal antecedent. Learned counsel for the petitioners further submits that other co-accused has been granted regular bail by this Court vide order dated 21.11.2025 passed in Cr. Misc. No. 81135 of 2025. 6. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioners. 7. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 8. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Shahpur Patory P.S. Case No. 419 of 2024. Raj Kishore/- (Rudra Prakash Mishra, J) U T