Amir Ray @ Amirlal Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79717 of 2025 Arising Out of PS. Case No.-240 Year-2024 Thana- DORIGANJ District- Saran ====================================================== Amir Ray @ Amirlal Ray S/o Kitab Ray R/o village - Raipur Bindgawan, P.S - Doriganj, District - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 28-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Doriganj P.S. Case No. 240 of 2024 registered for the alleged offences under Sections 191(2), 191(3), 190, 109, 132 of Bharatiya Nyaya Sanhita, 2023 and 27 of the Arms Act.

03. As per prosecution case, police received information about two groups belonging to two villages indulging in an incident of firing. The police party reached there but the firing did not stop and the police team came to know about a lady who received gunshot injury in this firing who was moved to the hospital. On further investigation, the police came to know that the petitioner along with other 28 FIR named coaccused persons and 40-50 unknown miscreants were involved

Patna High Court CR. MISC. No.79717 of 2025(2) dt.28-11-2025 2/3 in this indiscriminate firing.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel further submits that except for the informer of the police taking the name of this petitioner and other co-accused persons, there is no material against the petitioner to connect him with the offences as alleged. No person came forward to name this petitioner and the petitioner has been named merely on suspicion on the basis of secret information received by the police. Moreover, there is general and omnibus allegation against a number of persons including this petitioner. The petitioner is in custody since 24.08.2025 and charge-sheet has been submitted. The petitioner is having antecedent of two cases.

05. Learned APP for the State opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioner was not apprehended from the spot and nothing incriminating has been recovered from his person or possession and further considering the vague nature of allegation against the petitioner and also considering the period

Patna High Court CR. MISC. No.79717 of 2025(2) dt.28-11-2025 3/3 of custody of the petitioner along with submission of chargesheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saran at Chapra/court concerned in connection with Doriganj P.S. Case No. 240 of 2024, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T