Jay Biru Rai @ Rakesh Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16998 of 2025 Arising Out of PS. Case No.-74 Year-2025 Thana- MANER District- Patna ====================================================== 1.

Jay Biru Rai @ Rakesh Kumar Ray Son of Radheshyam Rai Resident of Village - Chakiya Tola Khaspur, P.S.- Maner, District - Patna. 2.

Akshay Kumar @ Akshy Kumar Son of Radheshyam Rai Resident of Village - Chakiya Tola Khaspur, P.S.- Maner, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Mishra, Sr. Advocate Ms. Manini Jaiswal, Advocate Mr. Manas Rajdeep, Advocate Mr. Ashwini Kumar, Advocate Mr. Shubham Kumar Upadhyay, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-05-2025 Heard learned counsel for the petitioners and learned APP for the State. Perused the case diary.

2.

The petitioners seek bail in connection with Maner P.S. Case No. 74 of 2025 instituted for the offence under Sections 115(2), 126(2), 109, 308(4), 352, 351(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 37 of the Bihar Prohibition and Excise Act.

3.

As per prosecution case, it is alleged that petitioners assaulted the informant and his brother in an inebriated condition.

Patna High Court CR. MISC. No.16998 of 2025(3) dt.14-05-2025 2/3 4.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 31-01-2025. Petitioner No.1 bears four criminal antecedents, whereas petitioner No. 2 is a man of clean antecedent.

5.

It has been further submitted by the petitioners' counsel that petitioners have been falsely implicated in the present case. Learned counsel for the petitioner mainly submits that there is allegation of assault by the petitioner but injury is found to be simple in nature. Police after completion of investigation has submitted charge sheet in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioners, injury being simple in nature and charge sheet being submitted, this Court is inclined to grant bail to the petitioners.

8.

Let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Maner P.S. Case No. 74 of 2025, subject to the following conditions:

Patna High Court CR. MISC. No.16998 of 2025(3) dt.14-05-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioners.

(II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.

(Rudra Prakash Mishra, J) Raj Kishore/- U T