Shiv Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14776 of 2026 Arising Out of PS. Case No.-151 Year-2024 Thana- MEHSI District- East Champaran ====================================================== Shiv Kumar Ray S/o Late Bhairo Ray R/o Village - Saray Banwari, P.S - Mehsi, District - East Champaran ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Kishore Saurabh, Advocate For the Opposite Party :

Mrs. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 12-03-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Mehsi P.S. Case No. 151 of 2024, registered for the offence under Sections 191(2), 191(3), 190, 126(2), 115(2), 109, 76, 303(2) of the Bhartiya Nayay Sanhita.

3. As per the prosecution case, the petitioner along with co-accused persons came at the door of the informant and started taking woods, on opposition being made, co-accused Priyanshu Kumari with the intention to kill the son of the informant assaulted on his head, when the informant went in rescue, he too was assaulted by the petitioner and co-accused Himanshu Kumar armed with khukhri and co-accused Lalita Kumari armed with iron rod, co-accused Beauty Kumari and Pragya Kumari armed with rod. While the wife of the informant

Patna High Court CR. MISC. No.14776 of 2026(2) dt.12-03-2026 2/2 came to save him, petitioner caught her by her hair and thrashed her on the ground and the petitioner and co-accused Lalita Devi took Rs.20,000.00 from the pocket of the informant.

4. Learned counsel appearing for the petitioner submits that the allegation of assault is against other co-accused persons and allegation of thrashing the wife of the informant on the ground has been purposely made so as to make the petitioner an accused in this case. There is also unexplained inordinate delay of 28 days in lodging the present FIR.

5. Learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case particularly the fact that there is unexplained inordinate delay of 28 days in lodging the FIR, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Motihari, East Champaran, in connection with Mehsi P.S. Case No. 151 of 2024.

(Praveen Kumar, J) Pawan/- U T