Dasarath Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25891 of 2025 Arising Out of PS. Case No.-462 Year-2024 Thana- PATNA CITY CHOWK District- Patna ====================================================== 1.
Dasarath Ray S/O Yogi Ray @ Jogi Rai R/O Terhi Ghat, P.S.- Chowk, Dist.- Patna.
2.
Chhatthu Ray @ Chotu Ray S/O Yogi Ray @ Jogi Rai R/O Terhi Ghat, P.S.- Chowk, Dist.- Patna.
3.
Jitendra @ Miya Ji @ Jitendra Kumar S/O Chhatthu Ray @ Chotu Ray R/O Terhi Ghat, P.S.- Chowk, Dist.- Patna.
4.
Munna Ray @ Munna Kumar S/O Chhatthu Ray @ Chotu Ray R/O Terhi Ghat, P.S.- Chowk, Dist.- Patna.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Ganesh Prasad Singh, Advocate For the State :
Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 07-05-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Chowk PS. Case No.462 of 2024, dated-01.10.2024, registered for the offences punishable under Sections 126(2), 115(2), 110, 303(2), 352 and 3(5) of the B.N.S. (Old Section 341, 323, 308, 379, 34 of the Indian Penal Code).
3. As per allegation, some sand and bricks of the accused side have been stolen by the informant side and
Patna High Court CR. MISC. No.25891 of 2025(2) dt.07-05-2025 2/3 altercation took place, leading to injury on both sides and filing of case and counter case.
4. Learned counsel for the petitioners submit that the Petitioners are innocent and have falsely been implicated in this case. He further submits that there is injury on both sides and there were case and counter case on both sides. The counter case filed by the accused/petitioner is Chowk P.S. Case No. 463 of 2024 dated 02.10.2024 registered for the offence punishable under Section 126(2), 115(2), 110, 303(2), 352, 351(2) and 3(5) of the B.N.S.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioner nos.1, 2, 3, & 4 have two, three, one, and one other cases each respectively.
7. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the case and counter case and injury on both the sides, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight
Patna High Court CR. MISC. No.25891 of 2025(2) dt.07-05-2025 3/3 weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Chowk PS. Case No.462 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.
(Jitendra Kumar, J.) Chandan/- U T