Musa Ray @ Horil Ray @ Musa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36334 of 2025 Arising Out of PS. Case No.-75 Year-2024 Thana- DORIGANJ District- Saran ====================================================== Musa Ray @ Horil Ray @ Musa Son of Late Surendra Ray R/O Village - Raipur Bindganwa, P.S.- Doriganj, District - Saran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Chandra Gandhi, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-08-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Doriganj P.S. Case No. 75 of 2024 instituted for the offence under Sections 302 & 34 of the Indian Penal Code. 3.

The informant reported that his brother Kamal Kishore Kumar went missing on 22.03.2024 and was later found dead in a wheat field on 27.03.2024, identified through his belongings. He alleged that Indrajeet Ray, Awadhesh Ray, Musa @ Horil Ray (petitioner), Dilkhush Ray, and others were responsible for the murder.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 11-04-2025. Petitioner

Patna High Court CR. MISC. No.36334 of 2025(3) dt.18-08-2025 2/3 bears three criminal antecedents.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is delay of one day in lodging the FIR. Informant is not the eye witness to the occurrence. There is no cogent material against the petitioner to establish his role in the alleged occurrence except suspicion. Charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Other witnesses have supported the prosecution case. As per postmortem report, no definite cause of death can be ascertained.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no cogent material against the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Doriganj P.S. Case No. 75 of 2024, subject to

Patna High Court CR. MISC. No.36334 of 2025(3) dt.18-08-2025 3/3 the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T