Vijay Rai @ Vijay Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74022 of 2025 Arising Out of PS. Case No.-45 Year-2025 Thana- PHULWARIA District- Begusarai ====================================================== 1.
Vijay Rai @ Vijay Ray Son of Late Ram Gulam Rai @ Ram Gulam Rai R/O Vill.- Malti, Bihat Nagar, Ward NO .- 01, P.S- Phulwariya, Dist- Begusarai. 2.
Usha Devi wife of Vijay Rai @ Vijay Ray R/O Vill.- Malti, Bihat Nagar, Ward NO .- 01, P.S- Phulwariya, Dist- Begusarai. 3.
Sajjan Kumar @ Sajan Kumar Son of Vijay Rai @ Vijay Ray R/O Vill.- Malti, Bihat Nagar, Ward NO .- 01, P.S- Phulwariya, Dist- Begusarai.3. , ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sandip Kumar Gautam For the Opposite Party/s :
Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-03-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Phulwariya P.S. Case No. 45 of 2025 registered for the offence under Sections 80(2), 61(2), 3(5) of the BNS.
3. As per the prosecution case, the petitioners are alleged to have killed the deceased.
4. It has been submitted by the learned counsel for the petitioners that the petitioners are innocent and they have falsely been implicated in this case. He further submits that the police, after investigation, has exonerated the petitioners but the
Patna High Court CR. MISC. No.74022 of 2025(3) dt.09-03-2026 2/2 learned Magistrate has differed with the final form and has taken cognizance against the petitioners and in support of the same, the learned counsel for the petitioner has filed supplementary affidavit in this case.
5. Considering the fact that the police has exonerated the petitioners, this application is allowed.
6. Let the petitioners, above named, in the event of their arrest or surrender before the concerned Court below within four weeks from today, 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 the learned Judicial Magistrate, First Class, Begusarai/concerned Court below in connection with Phulwariya (Phulwaria) P.S. Case No. 45 of 2025, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J) Vikas/- U