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Patna High CourtCR. MISC./46080/2025allowed

Manoj Ray v. The State Of Bihar

2025-08-05Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46080 of 2025 Arising Out of PS. Case No.-245 Year-2024 Thana- DERNI BAZAR District- Saran ====================================================== 1.

Manoj Ray, S/O Late Sabhapati Ray, R/O Village- Khirikiya, P.S.- Derni, District- Saran at Chapra, Bihar 2.

Anshu Kumar, S/O Pramod Ray, R/O Village- Khirikiya, P.S.- Derni, District- Saran at Chapra, Bihar 3.

Om Prakash Yadav @ Lalu Kumar, S/O Suman Ray, R/O Village- Khirikiya, P.S.- Derni, District- Saran at Chapra, Bihar 4.

Vikki Kumar, S/O Suman Ray, R/O Village- Khirikiya, P.S.- Derni, DistrictSaran at Chapra, Bihar 5.

Pawan Kumar @ Pawan @ Anirudh, S/O Baharan Ray, R/O VillageNawada, (Sutihar), P.S.- Derni, District- Saran at Chapra, Bihar 6.

Guddu Kumar, S/O Late Bhagirath Ray, R/O Vill.- Silhauri, P.s.- Madhourah, Dist.- Saran at Chapra, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar, Advocate For the State :

Mr. Shyam Kumar Singh, APP For the informant :

Mr. Avinash Kumar Pandey, Advocate Mr. Aashish Kumar, Advocate Mr. Vineet Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-08-2025 Heard Mr. Rakesh Kumar, learned counsel for the petitioners, Mr. Avinash Kumar Pandey, learned counsel for the informant and Mr. Shyam Kumar Singh, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Derni (Derni Bazar) P.S. Case No.245 of 2024 instituted

Patna High Court CR. MISC. No.46080 of 2025(2) dt.05-08-2025 2/3 for the offence under Sections 191(1), 191(2), 191(3), 115(2), 303(2), 74, 329(4), 109(1), 352, 351(2) and 3 of B.N.S. and section 27 of the Arms Act.

3. The case of the prosecution is that the petitioners along with others entered in the house of the informant. There is specific allegation against petitioner no.1 that he attempted to make a fire but it missed. There is general and omnibus allegation against all the petitioners that they have assaulted the informant and his family members.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have falsely been implicated in this case. It has further been submitted that there is also a counter version this case which was filed earlier than this case. The nature of allegation is general and omnibus.

5. Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer of bail of the petitioners. Learned counsel for the informant has submitted that the petitioners are having criminal antecedents. From perusal of para 3 of the petition, it transpires that petitioner no. 1 and 4 are having criminal antecedent of two cases and petitioner no.2 is having criminal antecedent of one

Patna High Court CR. MISC. No.46080 of 2025(2) dt.05-08-2025 3/3 case.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Derni (Derni Bazar) P.S. Case No.245 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Saran at Chapra, subject to the conditions as laid down under section 482 (2) of the B.N.S.S. (Ashok Kumar Pandey, J) lata/- U T