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Patna High Court

Nawal RayversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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/-

U


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