Daroga Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56669 of 2025 Arising Out of PS. Case No.-165 Year-2025 Thana- AMNAUR District- Saran ====================================================== Daroga Ray S/o Dashrath Ray R/o Village- Rahimpur, PS- Marhowrah, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Amnaur P.S. Case No. 165 of 2025 instituted for the offence under Sections 313, 317(2), 317(4), 317(5), 338, 336(3), 340(2) & 61(2) of the Bharatiya Nyaya Sanhita, 2023. 3.

On 29.05.2025, police received secret information and conducted a raid near Braham Asthan, and arrested two criminals with arms while two fled away. On their disclosure, raids were conducted leading to arrest of others including Vishal Kumar Singh; Nitish Kumar @ Nikhil; and petitioner, and at their instance, there is recovery of a looted Swaraj tractor and its trailer.

Patna High Court CR. MISC. No.56669 of 2025(2) dt.11-09-2025 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 30-05-2025. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Name of the petitioner has transpired on the basis of disclosure made by co-accused, namely, Nitish Kumar @ Nikhil. Nothing has been recovered from the conscious possession of the petitioner, but petitioner allegedly confessed that he sold the trailer of tractor to one Santosh Kumar and that trailer is recovered from bamboo orchard situated behind the house of Santosh Kumar. Petitioner was not even put on T.I.Parade.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and manner of petitioner's implication, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties

Patna High Court CR. MISC. No.56669 of 2025(2) dt.11-09-2025 3/3 of the like amount each to the satisfaction of Court below/concerned Court in connection with Amnaur P.S. Case No. 165 of 2025 , subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T