Ram Barai Ray @ Barai Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2440 of 2025 Arising Out of PS. Case No.-67 Year-2024 Thana- Pahelja P.S. District- Saran ====================================================== Ram Barai Ray @ Barai Ray Son of Late Gyanchand Ray Village- Manas Naya Panapur P.S -Akilpur District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar, Adv.
For the Opposite Party/s :
Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-02-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 452, 380, 302 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, the informant alleged that he heard the sound of gun shot, came out and saw the named accused including this petitioner, taking the belongings from the house of Sunaina Devi including her buffaloes. Further the allegation is that as she ran to save her buffaloes, Ranjan Rai, Rajesh Rai and Pankaj Rai opened fire from country made
Patna High Court CR. MISC. No.2440 of 2025(2) dt.25-02-2025 2/3 pistol causing her death immediately. Accordingly the FIR is registered.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The specific allegation of firing is against the co-accused Ranjan Rai, Rajesh Rai and Pankaj Rai. The petitioner has no concern with the alleged offence. The coaccused has been granted regular bail by this Court vide order dated 10.01.2025 passed in Cr. Misc. No. 66865 of 2024. The petitioner has one criminal antecedent as stated at para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Saran at Chapra in connection with Pahleja P.S. Case No. 67 of 2024, subject to conditions as laid down under section 438(2) of
Patna High Court CR. MISC. No.2440 of 2025(2) dt.25-02-2025 3/3 the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T