Harinath Ray @ Bhutwa v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84289 of 2025 Arising Out of PS. Case No.-99 Year-2025 Thana- AURAI District- Muzaffarpur ====================================================== Harinath Ray @ Bhutwa Son of Asesar Ray R/o Village - Bairiya, P.S.- Aurai, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arinjay Kumar For the Opposite Party/s :
Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 23-12-2025 Heard the parties.
2. The petitioner apprehends his arrest in connection with Aurai P.S. Case No. 99 of 2025, registered for the offences punishable under Sections 221, 126(2), 115(2), 118(1), 109, 121(1), 121(2), 132, 191(2), 191(3), 190, 61(2), 352 of the BNS.
3. On account of unfortunate road accident which led to death of a person, unruly mob started pelting stones and blocked the road, besides allegation of causing obstruction in discharge of official duty of the police personnel.
4. Learned Advocate for the petitioner referring to the FIR contended that besides the omnibus allegation against nine named accused persons and 50 unknown persons, the only allegation against the petitioner is that he pushed the police personnel. On account of the overt act caused by the petitioner,
Patna High Court CR. MISC. No.84289 of 2025(2) dt.23-12-2025 2/3 admittedly the police personnel has not sustained any injury. The petitioner is said to be an onlooker, who was present at the place of occurrence and when the police started chasing the accused persons, he also tried to flee away, in the meanwhile, he was dashed with the police personnel. The petitioner is a man of fair antecedent and has no role in causing any obstruction in discharge of public duty.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application.
6. Regard being had to the submissions made on behalf of the parties and taking note of the nature of accusation, coupled with the fair antecedent of the petitioner leading to no corresponding injury to any person, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Muzaffarpur in connection with Aurai P.S. Case No. 99 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of
Patna High Court CR. MISC. No.84289 of 2025(2) dt.23-12-2025 3/3 the bailors shall be the own/close family members of the petitioner.
(Harish Kumar, J) Anjani/- U T