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Patna High Court

Akhilesh Ray @ Akhilesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.78456 of 2025(3) dt.21-01-2026
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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
Patna High Court CR. MISC. No.78456 of 2025(3) dt.21-01-2026
                                            3/4




          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,
               Patna High Court CR. MISC. No.78456 of 2025(3) dt.21-01-2026
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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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