Maheshwar Rai @ Maheshwar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2181 of 2026 Arising Out of PS. Case No.-31 Year-2025 Thana- BIHRA District- Saharsa ====================================================== Maheshwar Rai @ Maheshwar Ray son of Late Saheb Rai Resident of village- Patori, Ward no. 4, Ps- Bihra, Dist- Saharsa ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinesh Maharaj, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with S.T. No. 290 of 2025, arising out of Bihra P.S. Case No. 31 of 2025 instituted for the offence under Sections 103(1), 238 & 61(2) of the Bharatiya Nyaya Sanhita, 2023.

3.

Prosecution case, in short, is that the accused persons including the petitioner killed the daughter of the informant.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.10.2025. Petitioner bears one criminal antecedent/s, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.2181 of 2026(2) dt.21-01-2026 2/2 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel submits that the specific allegation is against co-accused, namely, Fulchand Rai. There is no cogent material to show the implication of the petitioner in the alleged offence. Other co-accused has been granted bail by this Court vide order dated 12-12-2025, passed in Cr. Misc. No. 87204 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, there being no specific allegation against the petitioner and claim based on parity, 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 below/concerned Court in connection with S.T. No. 290 of 2025, arising out of Bihra P.S. Case No. 31 of 2025. (Rudra Prakash Mishra, J) Raj Kishore/- U T