Harendra Kumar @ Harendra Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20077 of 2025 Arising Out of PS. Case No.-114 Year-2024 Thana- BANGARA District- Samastipur ====================================================== Harendra Kumar @ Harendra Ray S/O Ram Bahadur Ray R/O village - Akhtiyarpur Chandauli, Police station- Waini, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mahendra Pratap, Adv.
For the Opposite Party/s :
Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-04-2025 Heard Mr. Mahendra Pratap, learned counsel for the petitioner and the State.
2. The petitioner apprehends his arrest in connection with National Highway Bangara P.S. Case No. 114 of 2024 for the offence registered under sections 126(2), 115(2), 109, 303(2), 304(2), 352, 351(2), 74, 308(5), 3(5) of the BNS read with 27 of the Arms Act lodged on 30.08.2024 by the informant Mamta Devi.
3. As per the prosecution story, the informant alleged that her husband is having fertilizer shop in Muzaffarpur and is also involved in the trade of banned liquor with the accused persons. Later, the accused started demanding Rs. 10,00,000/- and upon refusal, the allegation is that when she was moving on her vehicle, the accused persons on motorcycles intercepted,
Patna High Court CR. MISC. No.20077 of 2025(2) dt.30-04-2025 2/3 opened fire, Rajeev Singh misbehaved and snatched Rs. 10,000/- while Dheeraj Ray took away the gold chain, a mobile phone was also snatched from the driver and when the locals arrived, they caught hold of Abhishek Kumar and Ritesh Ray which followed the FIR.
4. Though the paragraph no. 3 shows that the petitioner is having one criminal antecedent under Excise Act, subsequent supplementary affidavit has been filed to bring on record that two more cases are there against him under the Excise Act.
5. Learned counsel for the petitioner submits that the other accused persons have been granted bail in the matter by Co-ordinate Benches.
6. Learned APP on the other hand submits that contrary to the submission that others have been granted bail, one Manish Kumar Jha has been denied bail due to his criminal antecedent in Cr. Misc. No. 19290 of 2025. According to him, this petitioner has multiple criminal antecedents and further process under Section 82 of the Cr.P.C. has also been issued against this petitioner.
7. Learned counsel for the petitioner accepts the fact that the process u/s 82 of Cr.P.C. has been issued.
Patna High Court CR. MISC. No.20077 of 2025(2) dt.30-04-2025 3/3
8. Considering the aforesaid facts including that he has multiple criminal antecedents, and the Sec. 82 Cr.P.C. process has been issued, as recorded above, relief cannot be extended to him and in that background, the anticipatory bail application stands rejected.
8. If however, the petitioner moves before the Court in next four weeks and surrenders, checking his credentials and the other facts on record including that the co-accused had been extended relief, the Court shall take up the matter and dispose it of preferably on the same day.
(Rajiv Roy, J) Vijay Singh/- U