Bhola Ray @ Nand Kishor Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59794 of 2025 Arising Out of PS. Case No.-224 Year-2025 Thana- DARIYAPUR District- Saran ====================================================== 1.
Bhola Ray @ Nand Kishor Ray S/o Late Agin Ray Resident of VillageKonhwa, PO- Darihara, P.S- Dariyapur, District- Saran 2.
Bicky Kumar S/o Bhola Ray @ Nand Kishor Ray Resident of VillageKonhwa, PO- Darihara, P.S- Dariyapur, District- Saran 3.
Dharmendra Ray S/o Bhola Ray @ Nand Kishor Ray Resident of VillageKonhwa, PO- Darihara, P.S- Dariyapur, District- Saran 4.
Raju Kumar S/o Manejar Ray Resident of Village- Konhwa, PO- Darihara, P.S- Dariyapur, District- Saran 5.
Rahul Kumar S/o Banarashi Ray Resident of Village- Konhwa, PODarihara, P.S- Dariyapur, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shyameshwar Kumar Singh, Advocate For the Opposite Party/s :
Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-08-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend arrest in connection with Dariyapur P.S. Case No. 224 of 2025, instituted for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the petitioners along with other co-accused persons armed with various weapons assaulted the informant and his brothers due to which they sustained injuries.
Patna High Court CR. MISC. No.59794 of 2025(2) dt.22-08-2025 2/3
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. Learned counsel for the petitioners also submits that no such occurrence ever took place as stated in the FIR. No specific allegation has been attributed against petitioner nos. 1, 2, 4 and 5 rather the same is general and omnibus in nature. Specific allegation of giving knife blow to the informant is against petitioner no. 3 and the injury sustained by the informant is simple in nature caused by hard and blunt object. It is also submitted that the petitioners and informant are co-villagers and there is case and counter case between the parties. The petitioners have got no criminal antecedent. Learned counsel for the petitioners further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 26.06.2025 passed in Cr. Misc. No. 40001 of 2025.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances, let the petitioners, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two
Patna High Court CR. MISC. No.59794 of 2025(2) dt.22-08-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dariyapur P.S. Case No. 224 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Rudra Prakash Mishra, J) Rajorshi/- U T