Dilip Kumar Ray @ Dilip Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32403 of 2025 Arising Out of PS. Case No.-109 Year-2024 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Dilip kumar Ray @ Dilip Ray S/o Ramashray Ram R/o Village- Hasanpur Jitwarpur, Ward No. 15, P.S.- Mufassil, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anant Kumar Mishra, Adv.
For the Opposite Party/s :
Mr. Satendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 18-07-2025 Heard the learned Advocate for the petitioner and the learned APP for the State.
2. The petitioner seeks regular bail, who is in custody in connection with Sessions Trial No. 486 of 2024, arising out of Samastipur Mufassil P.S. Case No. 109 of 2024, registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. This is the second attempt made on behalf of the petitioner, as earlier the prayer for bail of the petitioner was turned down by this Court in Cr. Misc. No. 79226 of 2024 vide order dated 23.01.2025. While rejecting the prayer for bail of the petitioner, a liberty was extended to the petitioner to renew his prayer for bail before the Court below itself, after framing of the charge; with a further direction that on verification of the criminal antecedent, as disclosed by the petitioner, he shall be
Patna High Court CR. MISC. No.32403 of 2025(3) dt.18-07-2025 2/3 released on bail.
4. Learned Advocate for the petitioner contended that the charge in the case was framed on 28.11.2024, thereupon, the petitioner renewed his prayer for bail before the learned trial Court, however, the same came to be rejected on account of the fact that the petitioner has failed to furnish the details of one of the criminal case bearing Mufassil P.S. Case No. 141 of 2008, registered for the offence punishable under Sections 25(1-B)a, 26 and 35 of the Arms Act and Section 364 (A) of the Indian Penal Code. Learned Advocate for the petitioner contended that since the aforenoted criminal case was of the year 2008 and on account of some miscommunication, the same could not be brought on record. However, there was no deliberate move to suppress this fact.
5. On the other hand, learned APP for the State vehemently opposes the bail application and submits that the prima facie, it appears that suppression has been made on behalf of the petitioner, despite the liberty extended to him by this Court.
6. Having considered the aforenoted submissions and the observation as well as the liberty extended by this Court, let the petitioner, named above, be released on bail on furnishing
Patna High Court CR. MISC. No.32403 of 2025(3) dt.18-07-2025 3/3 bail bonds of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge - 3rd, Samastipur in connection with Sessions Trial No. 486 of 2024, arising out of Samastipur Mufassil P.S. Case No. 109 of 2024, subject to the conditions that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will be released from the custody after depositing Rs. 5,000/- in the account of Lawyer's Association Benevolent Fund.
(ii) The petitioner will cooperate in conclusion of the trial.
(iii) He will remain present on each and every date of trial till disposal of the case.
(iv) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (v) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(Harish Kumar, J) shivank/- U T