Baiju Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72629 of 2025 Arising Out of PS. Case No.-116 Year-2025 Thana- GAIGHAT District- Muzaffarpur ====================================================== Baiju Rai S/O Ram Prasad Ray R/O village- Hanuman Nagar, P.S.- Gaighat, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Sunil Kumar Pandey, Advocate For the State :

Mr. Satya Nand Shukla, APP For the Informant :

Mr. Yugal Kishore, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-12-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 103(1) and 3(5) of the B.N.S..

3. As per prosecution case, some unknown persons committed murder of son of informant and threw his dead body in the Mung field.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence.

Patna High Court CR. MISC. No.72629 of 2025(3) dt.19-12-2025 2/3 Petitioner is not named in the F.I.R.. Name of petitioner transpired in this case during investigation, in the confessional statement of co-accused Mukesh Kumar. Even as per the confessional statement, it was co-accused Mukesh Kumar who killed the son of informant and he has only alleged that this petitioner caught hold of the hands of the deceased and there is absolutely no allegation that this petitioner participated in killing of the deceased. Moreover, charge-sheet has already been submitted and petitioner, having no criminal antecedents, is in custody since 30.04.2025.

5. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant have vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case, materials that have surfaced during course of investigation, period of custody and clean antecedents of the petitioner, the prayer for grant bail of to the petitioner is allowed.

7. Accordingly, let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-

Patna High Court CR. MISC. No.72629 of 2025(3) dt.19-12-2025 3/3 16th, Muzaffarpur in connection with Gaighat P.S. Case No. 116 of 2025.

(Prabhat Kumar Singh, J) shashank/- U T