Harkesh Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7804 of 2025 Arising Out of PS. Case No.-734 Year-2023 Thana- KOILWAR District- Bhojpur ====================================================== Harkesh Ray ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Hriday Prasad, Advocate For the Opposite Party/s :
Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Koilwar P.S. Case No. 734 of 2023 dated 25.12.2023, instituted for the offence punishable under Sections 147, 148, 149, 302 of the Indian Penal Code and Section 27 of the Arms Act.
3. The allegation against the petitioner is that, he instigated to other co-accused persons to kill the informant and his grandfather. It is further alleged that co-accused Anand Kumar gave country made pistol to Guddu Kumar and told him to kill the informant and his grandfather thereafter, co-accused, Guddu Rai fired below the neck of the grandfather of informant as a result of which, he died.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.7804 of 2025(3) dt.12-05-2025 2/2 petitioner is innocent and he has been falsely implicated in this case. It is further submitted that there is no specific allegation against the petitioner rather the same is against co-accused Anand Kumar and Guddu Kumar. The said Guddu Kumar has fired upon the grandfather of informant due to which, he died. It is next submitted that petitioner is an advanced age person of about 61 years and is suffering from old age ailments. Lastly, it has been submitted that the petitioner is in custody since 18.09.2024 having no criminal antecedents and charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M, Bhojpur, Arrah in Koilwar P.S. Case No. 734 of 2023.
(Khatim Reza, J) Sankalp/- U T