Karey Rai @ Santosh Chandra Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38608 of 2025 Arising Out of PS. Case No.-36 Year-2024 Thana- NADI P.S. District- Bhagalpur ====================================================== 1.
Karey Rai @ Santosh Chandra Ray, S/o Pero Rai @ Parmanand Roy R/o village- Sonbarsha PS. -Nadi ,Dist- Bhagalpur 2.
Nawli Kumar @ Nawal Kishore @ Nawal Kishore Kumar, Son of Sukdeo Kumar @ Sukhay Kumar@ Sukdeo Kumar, R/o village- Sonbarsha PS. -Nadi, Dist- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajive Ranjan Singh, Advocate.
For the State :
Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 25-06-2025 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 Nadi P.S. Case No. 36 of 2024 dated 24.11.2024 registered for the offences punishable under Sections 126(2), 308(4), 109, 352, 351(2)(3) and 3(5) of B.N.S and Section 27 of the Arms Act.
3. As per allegation, altercation took place for nonpayment of rangdari by the informant to the accused persons, upon which co-accused Chandan Kumar fired by his three-nut three pistol hitting the leg of the informant.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.38608 of 2025(2) dt.25-06-2025 2/3 Petitioners are innocent and have falsely been implicated in this case on account of previous enmity. He further submits that there is no direct allegation of firing by the petitioners at the informant. He also submits that the present case has been lodged after two days of the occurrence which shows deliberation on the part of the informant before lodging the FIR.
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 petitioners have no criminal antecedents.
7. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, 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 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 concerned court below in connection with Nadi P.S. Case No. 36 of 2024, subject to the conditions as laid down
Patna High Court CR. MISC. No.38608 of 2025(2) dt.25-06-2025 3/3 under Section 482 (2) 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, 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) S.Ali/- U T