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Patna High CourtCR. MISC./71687/2025allowed

Sanjay Ray v. The State Of Bihar

2025-10-13Mr. Justice Alok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71687 of 2025 Arising Out of PS. Case No.-416 Year-2025 Thana- GAURICHAK District- Patna ====================================================== 1) Sanjay Ray, Son of Late Briksh Ray, 2) Bindo Ray @ Bindo Kumar, Son of Late Tunnu Ray 3) Raushan Kumar @ Raushan Ray, Son of Late Lalan Ray All residents of Village Jujhadpur, P.S. - Gaurichak, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 13-10-2025 Heard the parties.

2. The petitioners seek anticipatory bail in connection with Gaurichak P.S. Case No. 416/2025 registered for the offence under Sections 109, 126(2), 303(2). 234 (4), 352 and 3(5) of the BNS, 2023 and Section 27/35 and 3(5) of the Arms Act.

3. As per the prosecution case, the petitioners and others are alleged to have abused and assaulted. It has further

Patna High Court CR. MISC. No.71687 of 2025(2) dt.13-10-2025 2/3 been alleged that co-accused, namely, Vishal Kumar, Kaushal Rai and Niraj Kumar fired upon the informant and his brother, causing injuries to them.

3. Learned counsel for the petitioners submits that from perusal of the F.I.R. itself, it would be evident that there is no specific allegation against the petitioners rather the allegations are only general and omnibus in nature. The petitioners and informant are gotias and land dispute between them is going on. It has further been submitted that the petitioners have falsely implicated in this case and and there is no allegation of firing against them rather the said allegation has been attributed to co-accused namely, Vishal Kumar, Kaushal Rai and Niraj Kumar. Learned counsel for the petitioners submits that no offence either under Section of BNS Act or Arms Act is made out against the petitioners. Apart from that, the petitioners bear no criminal antecedent.

4. Considering the general nature of accusation against the above named petitoiners and the fact that there is no allegation of firing against them and they have clean antecedents, they are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt / production of

Patna High Court CR. MISC. No.71687 of 2025(2) dt.13-10-2025 3/3 a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-2nd, Patna, in connection with NGaurichak P.S. Case No. 416/2025 , subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure (Alok Kumar Pandey, J) sunilkumar/- U T