Patna High Court
Nawal RayversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied regular bail, holding that the circumstances did not warrant its grant.
Summary
The petitioner, Nawal Ray, was arrested on 30 September 2024 in connection with a case alleging the poisoning death of three persons. He applied for regular bail under Sections 109, 123, 103(1), 61(2) and 3(5) of the Bihar Narcotic Substances Act, 2023. The petitioner claimed he was merely the father of a co‑accused and not involved in the crime, while the State argued that investigation material linked him to the offence and that the trial was underway with several witnesses examined. The court noted that the trial was progressing and that granting bail at this stage could jeopardise the investigation and trial process. Consequently, the bail application was dismissed.
Issues considered
- Whether regular bail should be granted to the petitioner under the Bihar Narcotic Substances Act, 2023, given the nature of the offence and the stage of trial.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 109, 123, 3(5), 61(2)
Subjects
- regular bail
- bail application
- Bihar Narcotic Substances Act
- poisoning murder
- trial pending
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77014 of 2025
Arising Out of PS. Case No.-494 Year-2024 Thana- BIDUPUR District- Vaishali
======================================================
Nawal Ray S/o Manjar Rai @ Mangar Rai R/o vill - Manjhauli, P.S.- Bidupur,
Distt.- Vaishali
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Kumar Alok
For the Opposite Party/s : Mr.Anil Kumar
For the Informant : Mr. Pramod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-02-2026 Heard the parties.
2. This is the second attempt of the petitioner for grant
of regular bail in connection with S.Tr. No. 91 of 2025 arising
out of Bidupur P.S. Case No. 494 of 2024 registered for the
offence under Sections 109, 123, 103(1), 61(2), 3(5) of the BNS,
2023. Earlier the bail application of the petitioner was rejected
vide order dated 07.03.2025 passed in Cr. Misc. No. 13170 of
2025 which reads as under:-
Heard learned counsel for the petitioner
and learned APP for the State.
2. The petitioner seeks regular bail in
connection with Bidupur P.S. Case No.494 of 2024
registered for the offence under sections 109, 123,
103(1), 61(2) and 3(5) of the B.N.S. 2023.
3. The petitioner and other accused
Patna High Court CR. MISC. No.77014 of 2025(3) dt.11-02-2026
2/2
persons are said to have killed three persons by
poisoning. The petitioner is in custody since
30.09.2024.
4. Learned counsel for the petitioner
submits that the petitioner is the father of co-
accused Jitendra Kumar and he is not involved in
the crime.
5. During investigation materials have
come to connect the petitioner with the crime.
6. In view of the aforesaid, this bail
application is rejected
3. It has been submitted by the learned counsel for the
State and the Informant that in the trial, out of 12 witnesses, 3
witnesses have already been examined.
4. In view of the fact that the trial is progressing, this
Court is not inclined to grant bail to the petitioner.
5. Accordingly, this application is dismissed.
(Sandeep Kumar, J)
vikas/-
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