Uday Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26293 of 2025 Arising Out of PS. Case No.-80 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== Uday Ray Son of Bhujug Ray @ Bhujunga Ray Resident of Village - Kanchanpur, P.S.- Bidupur, District - Vaishali (Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-07-2025 Heard Mr. Rajesh Kumar Singh, learned counsel for the petitioner and Mr. Ahmad Ali, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Bidupur P.S. Case No. 80 of 2023, F.I.R. dated 10.02.2023 for the offences punishable under Sections 341, 447, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code.
3. According to prosecution case, all the accused persons including the petitioner are said to have assaulted the informant. It is further alleged that some co-accused have snatched a gold locket and Rs.1,600/- from the pocket of the informant.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that due to some petty dispute, the
Patna High Court CR. MISC. No.26293 of 2025(3) dt.14-07-2025 2/3 present occurrence has taken place. There is case and counter case. It is further submitted that although, the petitioner is named in the FIR, but from a bare perusal of the FIR, it appears that the specific allegation of assault is attributed against the co-accused person, namely, Bhujang Ray and the specific allegation against the petitioner is that he has also assaulted the informant on his hand, but there is no injury in the hand of the informant which suggest that the allegation is false and fabricated.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner is named in the F.I.R and apart from that the petitioner carries one criminal antecedent other than the present one but fairly submits on the basis of paragraph 3 of the bail petition that the petitioner is on bail in the pending matter.
6. Considering the aforesaid facts and circumstances, there is no specific allegation against the petitioner and the specific allegation of assault is attributed against the co-accused person, namely, Bhujang Ray, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 the learned Chief Judicial Magistrate, Vaishali at
Patna High Court CR. MISC. No.26293 of 2025(3) dt.14-07-2025 3/3 Hajipur in connection with Bidupur P.S. Case No. 80 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the B.N.S.S., 2023 and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) priyanka/- U T