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Patna High CourtCR. MISC./57831/2025bail granted

Phulo Ray v. The State Of Bihar

2025-09-08Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57831 of 2025 Arising Out of PS. Case No.-290 Year-2024 Thana- MANSI District- Khagaria ====================================================== 1.

Phulo Ray S/o Late Murlidhar Ray R/o Village - Saidpur, P.S - Mansi, District - Khagaria 2.

Diwakar Ray S/o Phulo Ray R/o Village - Saidpur, P.S - Mansi, District - Khagaria 3.

Bablu Ray S/o Hardev Ray R/o Village - Saidpur, P.S - Mansi, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vivekanand Singh, Adv.

For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-09-2025 Heard learned counsel for the petitioners as well as the learned APP for the State.

2. The petitioners apprehend their arrest in connection with Mansi P.S. Case No. 290 of 2024, registered for the offences punishable under Sections 190, 191(2), 191(3), 115(2), 126(2), 109, 303(2), 352, 351(2) of BNS and section 27 of Arms Act.

3. According to the allegation, when the informant was ploughing his land, 11 FIR named accused persons, including the petitioner, came there with rifle, three-nutt, iron rod, etc., and they started assaulting the informant and his

Patna High Court CR. MISC. No.57831 of 2025(2) dt.08-09-2025 2/3 family members. Co-accused Chhotu Ray assaulted the informant with iron rod and co-accused Santosh Ray fired, which hit the head of the informant. Co-accused Pinkesh Rai assaulted the cousin brother of the informant with iron rod on his head. Thereafter, Nilesh Ray, Navin Kumar, Amal Ray, Krishan Kumar, Ravi Kumar and Ankush Kumar came to rescue but they were also assaulted by the accused persons.

4. The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated. There is land dispute between the parties. There is case and counter case, and the members of defense side have also suffered injuries. He has further submitted that the allegations against the petitioners are general and omnibus. The specific allegation of inflicting assault is on co-accused Santosh Ray, Chhotu Ray, and Pinkesh Ray, and not against the petitioners.

5. On the other hand, the learned APP for the State and the learned counsel for the informant have opposed the prayer for bail by submitting that some of the injured persons have suffered grievous injuries, to which the learned counsel for the petitioners replied that those injuries were not attributed against the petitioners.

Patna High Court CR. MISC. No.57831 of 2025(2) dt.08-09-2025 3/3

6. Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Khagaria in connection with Mansi P.S. Case No. 290 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nawneet Kumar Pandey, J) kundan/- U T