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Patna High CourtCR. MISC./83377/2025bail granted

Laxami Ray @ Laxmi Ray v. The State Of Bihar

2026-02-09Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83377 of 2025 Arising Out of PS. Case No.-353 Year-2023 Thana- BIBHUTIPUR District- Samastipur ====================================================== Laxami Ray @ Laxmi Ray S/O Hari Ray @ Harinarayan Ray R/o Village - Kalyanpur, Ward No.- 13, P.S.- Bibhutipur, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Anant Kumar Mishra, Advocate For the State :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-02-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 342, 323, 353, 379, 504, 506, 511 and 427 of the Indian Penal Code.

3. As per prosecution case, it is alleged that all the F.I.R. named accused persons, including this petitioner, along with some unidentified persons, created obstruction by putting a dead body on road and in course of it, the accused persons also attacked on the police party and created hindrance in discharge of their official duty.

4. It is submitted by learned counsel appearing on

Patna High Court CR. MISC. No.83377 of 2025(2) dt.09-02-2026 2/3 behalf of the petitioner that petitioner is quite innocent and has committed no offence. F.I.R. was lodged against 22 named accused persons, including this petitioner and about 40 to 50 unknown persons, merely on the basis of disclosure made by local Chawkidar. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against this petitioner. Petitioner is only alleged to be members of the mob. It is lastly submitted that similarly situated co-accused person, namely Suman Kumar Giri, has already been granted privilege of anticipatory bail by a Co-ordinate Bench of this Hon'ble Court vide order dated 15.02.2025 passed in Cr. Misc. No. 3361 of 2025. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, claim based on parity and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs.

Patna High Court CR. MISC. No.83377 of 2025(2) dt.09-02-2026 3/3 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Rosera, District- Samastipur in connection with Bibhutipur P.S. Case No. 353 of 2023, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T