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Patna High CourtCR. MISC./82037/2025bail granted

Fakira Ray v. The State Of Bihar

2025-12-18Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82037 of 2025 Arising Out of PS. Case No.-46 Year-2025 Thana- MAHNAR District- Vaishali ====================================================== 1 .

Fakira Ray Son of Ram Chandra Ray Resident of village - Lodipur, P.S.- Mahnar, District - Vaishali at Hajipur.

2.

Nagin Ray @ Nagina Ray Son of Late Hira Ray Resident of village - Lodipur, P.S.- Mahnar, District - Vaishali at Hajipur. 3 .

Sattan Ray Son of Late Hira Ray Resident of village - Lodipur, P.S.- Mahnar, District - Vaishali at Hajipur.

4.

Jay Jay Ray Son of Late Laldeo Ray Resident of village - Lodipur, P.S.- Mahnar, District - Vaishali at Hajipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nagendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Surendra Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-12-2025 Heard learned counsel for the petitioners and the State .

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 103, 3(5) of B.N.S.

3 . As per F.I.R. informant namely, Nagma alleged that on 30.02.2025 , 9 named accused persons including these petitioners surrounded the son and grandson of the informant and assaulted them with lathi and iron rod. On order of coaccused Arjun Ray , other co-accused persons assaulted on the

Patna High Court CR. MISC. No.82037 of 2025(3) dt.18-12-2025 2/3 head of the grandson of the informant with bamboo causing his death .

4. It is submitted on behalf of the petitioners that these petitioner have falsely been implicated in this case on account of land dispute . As per F.I.R. it is the specific case of the informant that co-accused Manish Kumar @ Guddu , Bablu Kumar Rai and Rahul Kumar assaulted on the head of deceased by means of bamboo. There is absolutely no allegation of any overt act is against these petitioners. In the Postmortem report only one injury was found on the body of the deceased. Thus, F.I.R. stands contradicted and faslified by the Postmortem report. Petitioners claim clean antecedent.

5 . Learned counsel for the State oppose the bail petition .

6 Considering the aforesaid facts, clean antecedent of these petitioners and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM Vaishali at Hajipur in connection with Mahnar P.S. Case No. 46 of 2025 , subject to the conditions laid down under

Patna High Court CR. MISC. No.82037 of 2025(3) dt.18-12-2025 3/3 section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 .

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