Yogendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72791 of 2025 Arising Out of PS. Case No.-97 Year-2025 Thana- JANTA BAZAR District- Saran ====================================================== Yogendra Ray Son of Late Suraj Ray Resident of village Khurd Lauan, P.O.- Mirzapur, P.S.- Janta Bazar, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate :

Mrs. Vaishnavi Singh, Advocate :

Mr. Ritwik Thakur, Advocate For the Opposite Party/s :

Mr. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-11-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Janta Bazar P.S. Case No. 97 of 2025 instituted for the offences under Sections 126(2), 103(1), 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that the accused persons hatched a conspiracy and committed the murder of the informant's husband in order to grab his land/property.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and

Patna High Court CR. MISC. No.72791 of 2025(3) dt.18-11-2025 2/3 omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that there is a delay of about thirteen days in lodging the FIR without plausible explanation, which in itself, raises doubt over the prosecution story. Learned counsel further submitted that there is no eye-witness to the occurrence and the so-called eye-witnesses which have surfaced during the investigation are interested witnesses against whom a tittle suit is already pending and in support of his submission, learned counsel has annexed Annexure-2 to the present bail application. Learned counsel lastly submitted that petitioner is of very old age, i.e. about 69 years and therefore, the petitioner may be enlarged on bail. It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.06.2025 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner stating that two independent eye-witnesses have supported the allegation as levelled against the petitioner and therefore, the petitioner does not deserve to be released on bail.

6. Considering the aforesaid facts and circumstances of the case there being no cogent material to prove the

Patna High Court CR. MISC. No.72791 of 2025(3) dt.18-11-2025 3/3 involvement of the petitioner in the alleged occurrence as also the period of custody undergone by the petitioner as well as his old age, 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 Janta Bazar P.S. Case No. 97 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T