Randhir Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57946 of 2025 Arising Out of PS. Case No.-79 Year-2025 Thana- JANDAHA District- Vaishali ====================================================== Randhir Ray, S/o Darshan Ray, Resident of Vill - Banbira, P.S.- Tajpur, DistSamastipur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Keshav Bhardwaj, Advocate.

For the State :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Jandaha P.S. Case No. 79 of 2025, dated 24.02.2025 registered for the offences punishable under Sections 109, 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3. As per allegation, there was country made pistol in the hands of Randhir Ray (petitioner) which was taken by the co-accused Sushil Mishra and, thereafter, Rajesh Chaudhary fired at the informant causing injury in the right shoulder of the informant.

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.57946 of 2025(2) dt.27-08-2025 2/3 case. He further submits that even as per application filed by the informant before learned court below dated 17.04.2025, the pistol was fired at the informant by unknown person and not by the petitioner. He also submits that in view of the application filed by the petitioner before learned court below also, there is no role of the petitioner in the alleged offence.

5. It is also stated in paragraph No. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph No.3 of the bail petition that the petitioner has been made accused in three other cases in which he is on bail.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below in connection with

Patna High Court CR. MISC. No.57946 of 2025(2) dt.27-08-2025 3/3 Jandaha (Mahisaur) P.S. Case No. 79 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S 2023, and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) S.Ali/- U T