Musa Rai @ Horil Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44758 of 2025 Arising Out of PS. Case No.-7 Year-2024 Thana- DORIGANJ District- Saran ====================================================== Musa Rai @ Horil Rai S/O Late Surendra Ray Resident of village- Raipur Bingawan, PS- Doriganj, Dist- 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. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Doriganj P.S. Case No. 07 of 2024 instituted for the offences under Sections 395, 397 of the Indian Penal Code.
3. Prosecution case, in short, is that while the informant was standing beside his truck, in the meantime, 7-8 unknown persons came there and surrounded him. It is further alleged that out of all the accused persons, one of them fired upon the informant on his left leg and others assaulted him by
Patna High Court CR. MISC. No.44758 of 2025(3) dt.17-09-2025 2/3 means of lathi. The accused persons also snatched Rs. 15,000/-.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner transpired in this case on the basis of his self-confessional statement. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that T.I.P. has not been conducted till date. It has been submitted on behalf of the petitioner that the petitioner is in custody since 01.05.2025 and has three criminal antecedents. The co-accused person has already been granted bail by this Court vide order dated 18.10.2024 passed in Cr. Misc. No. 53758 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.44758 of 2025(3) dt.17-09-2025 3/3 below/concerned Court in connection with Doriganj P.S. Case No. 07 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T