Adhik Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51517 of 2025 Arising Out of PS. Case No.-25 Year-2025 Thana- Chakia District- Begusarai ====================================================== Adhik Ray S/O Late Munew Ray @ Muner Ray Village- Amarpur, Ward No. 05, Police Station- Chakia, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prem Kumar, Advocate For the Opposite Party/s :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Chakia P.S. Case No. 25 of 2025 registered for the offences under Sections 127(1), 115(2), 109, 326(F), 324(4), 329(4) and 3(5) of the B.N.S.

3. As per prosecution case, petitioner and other coaccused persons came to the doors of the informant and demanded money given as loan. Even though the informant returned Rs. 5,000/- out of total Rs. 9,000/-, the petitioner tried to forcibly take away cow of the informant and when their act was opposed by the daughter of the informant, they assaulted the girl. When the son of the informant came for rescue of his sister, this petitioner gave him a paghariya blow on his

Patna High Court CR. MISC. No.51517 of 2025(2) dt.11-08-2025 2/3 forehead causing injury.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The FIR has been lodged after delay of 3 days and there is no satisfactory explanation. Though the informant says that he lodged the FIR after 3 days as he was busy in treatment of his children but the same does not appear to be correct as the injury is stated to be simple in nature. There was no intention to cause death of any person and there could be no application of Section 109 of BNS in the present case. Learned counsel further submit that some altercation took place between the parties and scuffle took place and son of the informant fell down and received minor injury on his head. But taking advantage of this fact the informant lodged the case with exaggerated version. Petitioner is in custody since 19.05.2025. Petitioner is having antecedent of one case and he was acquitted in the said case.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the simple nature of injury of the victim and also considering

Patna High Court CR. MISC. No.51517 of 2025(2) dt.11-08-2025 3/3 absence of any life threatening injury and further considering the period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I-cum-Special Judge NDPS Act, Begusarai/concerned court in connection with Chakia P.S. Case No. 25 of 2025, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T