Bhuneshwar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69634 of 2025 Arising Out of PS. Case No.-545 Year-2024 Thana- MASHRAK District- Saran ====================================================== Bhuneshwar Ray S/O Late Chhathu Ray Resident of Village- Masrakh Gopalbari, P.S.- Masrakh, Distt.- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dewanand Tiwari, Advocate For the Opposite Party/s :
Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner, learned APP for the State.
2. The petitioner seeks bail in connection with Masrakh P.S. Case No. 545 of 2024, instituted for the offences punishable under Sections 126(2), 115(2), 352, 351(2), 74, 118(1), 109(1), 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. Earlier vide order dated 27-06-2025, passed in Cr. Misc. No. 41023 of 2025, anticipatory bail of the petitioner was rejected by this Court.
3. The prosecution case, in short, is that, the petitioner along with other co-accused persons attacked the wife of the informant with bad intentions, teared her clothes and assaulted her. When the informant and his brother tried to intervene, they
Patna High Court CR. MISC. No.69634 of 2025(2) dt.23-09-2025 2/3 were stabbed and beaten. It is further alleged that the petitioner stabbed knife on the back of brother of the informant due to which he sustained injuries. The accused persons later assaulted his family member.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that both the parties have sustained injuries. There is case and counter case between the parties. It is further submitted that allegation levelled against the petitioner is of stabbing upon the father of the informant. The petitioner is in custody since 11.07.2025 and has got one criminal antecedent in which he is on bail. Other co-accused has been granted bail by this Court vide order dated 20-03-2024, passed in Cr. Misc. No. 87257 of 2024.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, case and counter case between the parties and taking into account the period of custody undergone by the petitioner,
Patna High Court CR. MISC. No.69634 of 2025(2) dt.23-09-2025 3/3 this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Masrakh P.S. Case No. 545 of 2024, 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