Patna High Court
Akhilesh Ray @ Akhilesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Akhilesh Ray petitioned for bail in a case registered under multiple sections of the B.N.S., 2023, alleging he was falsely implicated in an altercation that resulted in simple injuries during a property dispute. He argued that a counter‑case had been filed against the informant’s side and that a similarly situated co‑accused had already been granted regular bail. The petitioner had been in custody since 21‑08‑2025 and claimed no prior bail application in this matter. The State opposed the bail, but the court considered the nature of the injuries, the existence of a counter‑case, and the precedent of bail to the co‑accused. Consequently, the court ordered the petitioner’s bail to be enlarged on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation with investigation and non‑interference with witnesses.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the offences and the simple injuries alleged
- Whether the existence of a counter‑case and prior bail to a co‑accused warrant granting bail to the petitioner
Legislation cited
- B.N.S., 2023 — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 74
Subjects
- bail
- criminal law
- property dispute
- counter case
- injury
- B.N.S. 2023
- co-accused
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78456 of 2025
Arising Out of PS. Case No.-545 Year-2024 Thana- MASHRAK District- Saran
======================================================
Akhilesh Ray @ Akhilesh Kumar S/O Bhuneshwar Ray Resident of Village-
Masrakh Gopalbari, P.S.- Masrakh, Distt.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewanand Tiwari, Advocate
For the State : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Masrakh P.S. Case No. 545 of 2024 dated 12.09.2024, registered
for the offences punishable under Sections 126(2), 115(2), 352,
351(2), 74, 118(1), 109(1), 303(2) and 3(5) of B.N.S., 2023.
3. As per allegation, on account of altercation, some
family members of the informant’s side got injured.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. He further submits that the nature of injury allegedly
caused by the petitioner’s side is simple in nature. He also
submits that altercation took place on account of property
dispute between the agnates causing injury on both sides and
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lodging of case and counter case. The counter case filed by the
petitioner’s side is Masrakh P.S. Case No. 544 of 2024,
registered for the similar offence against the informant’s side in
which some family members of the petitioner have got injury.
He also submits that similarly situated co-accused, Mithlesh
Kumar Rai has already been enlarged on regular bail by a co-
ordinate Bench of this Court.
5. He further submits that the petitioner has been
languishing in jail since 21.08.2025.
6. It has also been stated in paragraph no. 3 of the bail
petition that the petitioner has earlier been made accused in one
other case.
7. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier for
regular bail.
8. However, learned APP for the State vehemently
opposes the prayer of the petitioner for bail.
9. Considering the aforesaid facts and circumstances,
particularly the case and counter case and nature of the injury is
simple and similarly situated co-accused being already enlarged
on regular bail, this application is allowed, directing the
petitioner, above-named, to be enlarged on bail on his furnishing
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bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
concerned Court below in connection with Masrakh P.S. Case
No. 545 of 2024 on the following conditions:
(i) The petitioner will make himself available for
interrogation by a police officer/court as and when required.
(ii) The petitioner will undertake that
investigation/trial will not get hampered on account of his
absence or non-cooperation. He must be available to the police
or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly
make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court
below that the petitioner has criminal antecedents other than the
disclosed one, learned court below shall cancel the bail bonds of
the petitioner after hearing him and getting satisfied that the
petitioner has concealed his criminal antecedents despite his
knowledge of the same.
(v) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
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learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J)
shoaib/-
U T
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