Abhdhesh Kumar Ray @ Awdhesh Ray @ Avadhesh Kumar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47658 of 2025 Arising Out of PS. Case No.-38 Year-2025 Thana- BIBHUTIPUR District- Samastipur ====================================================== Abhdhesh Kumar Ray @ Awdhesh Ray @ Avadhesh Kumar Ray S/o Hareram Ray R/o Village- Manaraytol, P.S.- Bibhutipur @ Vibhutipur, DistrictSamastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mirityunjay Kumar, Adv For the Opposite Party/s :
Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 08-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Bibhutipur P.S Case No. 38 of 2025 registered for the offences punishable under Sections 329(3), 126(2), 115(2), 76, 109, 303(2), 352, 351(2), 3(5) of the BNS, 2023.
3. As per allegation in the FIR, petitioner along with other accused person had assaulted and informant and his pregnant daughter and tried to outrage her modesty.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner and the informant are full brothers and due to some land dispute scuffling took place. Moreover, FIR
Patna High Court CR. MISC. No.47658 of 2025(2) dt.08-08-2025 2/2 has been lodged after 20 days and for this there is no cogent explanation. He further submits that as per the injury report all the injuries sustained are simple in nature. Charge-sheet has already been submitted. It is also submitted that petitioner is in judicial custody since 10.02.2025 having clean antecedent.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR and impugned order dated 02.05.2025, it appears that due to petty land dispute, scuffling took place. On perusal of the injury report, it appears that all the injury sustained are simple in nature and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the learned counsel for the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Magistrate, Rosera or Successor Court Rosera, Samastipur in connection with Bibhutipur @ Vibhutipur P.S. Case No. 38 of 2025.
(Ramesh Chand Malviya, J) Sunnykr/- U