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Patna High CourtCR. MISC./79219/2025partly allowed disposal

Sonelal Ray @ Sonolal Ray v. The State Of Bihar

2026-01-05Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79219 of 2025 Arising Out of PS. Case No.-80 Year-2025 Thana- DIDARGANJ District- Patna ====================================================== 1.

Sonelal Ray @ Sonolal Ray S/o Ramsharan Ray R/o Village- Didarganj Dharamsala, P.S.- Didarganj, Distt.- Patna.

2.

Shiv Kumar Ray @ Shivam @ Shivam Kumar S/o Ramashish Ray R/o Village- Didarganj Dharamsala, P.S.- Didarganj, Distt.- Patna. 3.

Satyendra Kumar S/o Ramashish Ray R/o Village- Didarganj Dharamsala, P.S.- Didarganj, Distt.- Patna.

4.

Vijay Ray S/o Ramashish Ray R/o Village- Didarganj Dharamsala, P.S.- Didarganj, Distt.- Patna.

5.

Sanjay Kumar @ Sanjay @ Sunil Kumar S/o Ramashish Ray R/o VillageDidarganj Dharamsala, P.S.- Didarganj, Distt.- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate.

For the Opposite Party/s :

Mr. Anish Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 05-01-2026

1. Learned counsel for the petitioners submits that petitioner nos.1 & 4 have been arrested and accordingly, he seeks permission to withdraw the present Cr. Misc. Application with respect to petitioner nos.1 & 4.

2. Permission, as prayed for, is granted.

3. Accordingly, the present Cr. Misc. Application stands dismissed as withdrawn with respect to petitioner nos.1 & 4.

4. Heard learned counsel for the petitioner nos.2, 3 &

Patna High Court CR. MISC. No.79219 of 2025(2) dt.05-01-2026 2/3 5 and learned A.P.P. for the State.

5. The petitioner nos.2, 3 & 5 apprehend their arrest in connection with Didarganj P.S. Case No.80 of 2025 instituted under Sections 126(2), 115(2), 351(2), 352, 303(2), 109 & 3(5) of the B.N.S., 2023.

6. As per the prosecution case, the informant was informed by his younger brother that when he was parking his Scorpio vehicle, in the meantime the petitioner no.3 dashed the said vehicle with his Tractor and when they tried to pacify the matter, the accused persons started assaulting them by throwing rocks which hit on the head of father of the informant. It is alleged that the accused persons entered into the house of informant and assaulted them.

7. Learned counsel for the petitioner nos.2, 3 & 5 submits that petitioners are innocent and have been falsely implicated in this case. He further submits that the petitioners and informant are gotiya and there is land dispute between the parties and there is case and counter case for the same occurrence. Learned counsel submits that there is no specific allegation against the petitioner nos.2, 3 & 5 of throwing rocks and assaulting the injured rather the same are general and omnibus in nature. He further submits that no injury report of

Patna High Court CR. MISC. No.79219 of 2025(2) dt.05-01-2026 3/3 the injured was produced by the prosecution. Learned counsel submits that petitioner nos.2 & 3 have got clean antecedent whereas petitioner no.5 has one criminal antecedent, in which he is on bail and they undertake to cooperate in the investigation and trial of the present case.

8. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

9. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner nos.2, 3 & 5 be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned J.M.F.C., Patna City in connection with Didarganj P.S. Case No.80 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T