Raju RayversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89010 of 2025
                     Arising Out of PS. Case No.-651 Year-2025 Thana- MADHAURAH District- Saran
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           1.     Raju Ray S/O Late Punit Ray Resident of Vill.- Mubarakpur, P.S-
                  Marhowrah,Saran,Bihar
           2.    Rajesh Ray @ Rajeshwar Ray S/O Late Punit Ray Resident of Vill.-
                 Mubarakpur, P.S- Marhowrah,Saran,Bihar
           3.     Dinesh Ray @ Dineshwar Ray S/O Late Punit Ray Resident of Vill.-
                  Mubarakpur, P.S- Marhowrah,Saran,Bihar
                                                                   ... ... petitioners/s
                                                 Versus
                 The State of Bihar                          ... ... Opposite Party/s
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                 Appearance :
                 For the petitioners/s    :      Mr. Shweta Anand, Advocate
                 For the Opposite Party/s :      Mr. Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   12-01-2026                      Heard Mr. Shweta Anand, learned counsel for the

                   petitionerss and Mr. Abhay Kumar Roy, learned Additional

                   Public Prosecutor for the State.

                               2. The petitioners are apprehending their arrest in

                   connection with Marhowrah P.S. Case No. 651 of 2025, F.I.R.

                   dated 24.09.2025 for the offences punishable under Sections

                   115(2), 126(2), 351(2), 352, 109 and 3(5) of the BNS, 2023.

                               3.    According to prosecution case, all the accused

                   persons abused and assaulted the informant and his family

                   members by means of farsa due to which they got injured.

                               4. Learned counsel for the petitioners submits that

                   petitioners have clean antecedent and they have falsely been

                   implicated in the present case. He further submits that the
Patna High Court CR. MISC. No.89010 of 2025(2) dt.12-01-2026
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          allegation as alleged in the F.I.R is false and fabricated and the

          petitioners have not committed any offence as alleged in the

          F.I.R. As per the allegation in the F.I.R, the date of occurrence is

          18.09.2025 but the present F.I.R has been instituted on

          24.09.2025 i.e., after delay of 6 days. Although there is specific

          allegation of assault attributed against the petitioners that they

          have assaulted to the informant and his family members due to

          which they have received injury but the injury report of the

          injured persons suggest that the injuries are simple in nature

          caused by hard and blunt substance.

                      5.    Learned       Additional       Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioners.

                       6. Considering the aforesaid facts and circumstances

          that the petitioners have clean antecedent, there is case and

          counter case between the parties and the injury received by the

          injured persons are simple in nature, let the petitioners, above

          named, in the event of their arrest or surrender before the court

          below within a period of thirty days from the date of receipt of

          the order, be released on bail on furnishing bail bond of Rs.

          10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned C.J.M., Saran, Chapra in

          connection with Marhowrah P.S. Case No. 651 of 2025, subject
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                      to the conditions as laid down under Section 438(2) of the Code

                      of Criminal Procedure and with other following conditions:-

                                   i. Petitioners shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on their absence on two consecutive dates without sufficient

                      reason, their bail bond shall be cancelled by the Court below.

                                   ii. If the petitioners tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioners and in case at

                      any stage it is found that the petitioners have concealed their

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioners. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T