Mukesh Ray @ Shambhu Baba v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40254 of 2025 Arising Out of PS. Case No.-999 Year-2022 Thana- BIHTA District- Patna ====================================================== Mukesh Ray @ Shambhu Baba S/o Ramji Ray Resident of Village- Chakiya, PS- Doriganj, Distt.- Saran (Chapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoranjan Kumar, Adv.

For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-08-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bihta P.S. Case No. 999 of 2022 dated 29.09.2022 registered for the offences punishable u/ss 147, 148, 149, 307, 379, 120B, 160, 216, 302 of the Indian Penal Code and Section 27 Arms Act.

3. As per the prosecution case, on 29.09.2022, at Sone Diara near Kawariya Ghat, firing was going on between two groups to assert supremacy over sand mining. When the informant reached the place of occurrence, all of them fled away. Local Chowkidar and villagers named all the F.I.R. named accused persons. In cross firing, four persons were

Patna High Court CR. MISC. No.40254 of 2025(2) dt.19-08-2025 2/3 killed.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has sprung up in the confessional statement of the co-accused, Binod Rai. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged offence. The co-accused person has already been granted regular bail by a Coordiante Bench of this court vide order dated 23.05.2024 passed in Cr. Misc. No. 34695 of 2024. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.03.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Danapur (Patna) in connection with Bihta P.S. Case No. 999 of 2022 with the conditions :-

Patna High Court CR. MISC. No.40254 of 2025(2) dt.19-08-2025 3/3 (i) One of the bailors shall be a close relative of the petitioner who shall give genealogy as to how he is related to the petitioner.

(ii) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. (iii) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bonds.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T