Awadhesh Rai @ Awadhesh Kumar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31376 of 2026 Arising Out of PS. Case No.-94 Year-2024 Thana- NEORA District- Patna ====================================================== Awadhesh Rai @ Awadhesh Kumar Ray S/o Late Lala Rai R/o Village - Taranpur, PS - Gaurichak, District - Patna at present Village - Varuna, P.S - Gaurichak, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satyapal Singh, Advocate.
For the Opposite Party/s :
Mrs. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 19-06-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for bail registered for the offence punishable under Sections 302, 120(B) and 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The case of the prosecution is that the son of the informant, namely, Amlesh Kumar @ Rakesh Kumar was called by someone for some work. When the son of the informant reached there, Upendra Rai caught hold him and Tunna Kumar shot him dead. Accordingly, the FIR.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.31376 of 2026(2) dt.19-06-2026 2/3 case. He also submits that the name of this petitioner is though there in the FIR but the role which is attributed to the petitioner is that he was involved in the conspiracy. He further submits that as per the allegation, co-accused Upendra Rai caught hold the son of the informant and another co-accused Tunna Kumar fired upon him and he died. He further submits that it appears from the FIR that there is no allegation of firing against the petitioner and at best the petitioner is the member of mob. He further submits that similarly situated co-accused persons have already been granted bail by the learned coordinate Benches of this Court as well as from this Court vide Cr. Misc. No. 64791 of 2025. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 19.12.2025.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.31376 of 2026(2) dt.19-06-2026 3/3 A.C.J.M.-VI, Danapur in connection with Neora P.S. Case No. 94 of 2024.
(Ashok Kumar Pandey, J) Sudhanshu/- U T