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Patna High Court – Orders
Mithlesh Rai @ Mithlesh Ray vs The State Of Bihar on 16 July, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86496 of 2024
Arising Out of PS. Case No.-175 Year-2013 Thana- BAIKUNTHPUR District- Gopalganj
======================================================
Mithlesh Rai @ Mithlesh Ray Son of Ramayan Rai @ Ramayan Ray R/O-
Bahrampur, PS- Baikunthpur, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 88152 of 2024
Arising Out of PS. Case No.-175 Year-2013 Thana- BAIKUNTHPUR District- Gopalganj
======================================================
Jamindra Ray @ Jhamindra Ray Son of Late Darap Rai Resident of Village -
Bamo, P.O. - Mahua, P.S. - Baikunthpur, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 86496 of 2024)
For the Petitioner/s : Mr.N.K. Aggrawal, Sr. Advocate
Mr.Shashank Shekhar, Advocate
For the Opposite Party/s : Mr.Binod Kumar, A.P.P.
(In CRIMINAL MISCELLANEOUS No. 88152 of 2024)
For the Petitioner/s : Mr.N.K. Aggrawal, Sr. Advocate
Mr.Shyameshwar Kumar Singh, Advocate
For the Opposite Party/s : Mr.Ram Sevak Choudhary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
5 16-07-2025
Heard Mr. N.K. Aggrawal, learned Senior Counsel
for the petitioners and learned Additional Public Prosecutor for
the State.
2. The petitioners seek bail in a case registered for the
offences under Sections 147, 148, 149, 341, 342, 323, 307, 452,
380, 427 and 302 of Indian Penal Code, Section 27 of Arms Act
Patna High Court CR. MISC. No.86496 of 2024(5) dt.16-07-2025
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and Section ¾ of the Explosive Substance Act and Section 17 of
C.L.A. Act.
3. As per the prosecution case, the named accused
along with some unknown persons committed murder of two
persons and had also blown away the house of Nand Kishore
(deceased).
4. Learned Senior Counsel for the petitioners submits
that petitioners are not named in the FIR. Learned Senior
Counsel further submits that there is no specific allegation
levelled against the petitioners. Learned Senior Counsel next
submits that the petitioners were not aware of their involvement
in the present case which had been registered in the year 2013,
and despite petitioner no. 1 being in custody for some period
during various phases in 2018-20, he was never taken on
remand for the present case. It is lastly submitted that the
petitioner no. 1 has six criminal antecedents while petitioner no.
2 has one criminal antecedent and they are in custody since
16.10.2024.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances
of the case and taking into account that the allegations levelled
Patna High Court CR. MISC. No.86496 of 2024(5) dt.16-07-2025
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against the petitioners are general and omnibus in nature, let the
petitioners above-named be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) on each of them
with two sureties of the like amount each to the satisfaction of
the learned court below where the case is pending/successor
court in connection with Baikunthpur P.S. Case No. 175/2013
subject to the conditions :-
a. One of the bailors of the petitioners shall be
their close relative.
b. The petitioners shall remain physically
present in Court on each date of the trial.
c. In case of absence on two consecutive dates or
in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
d. 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 afore-
Patna High Court CR. MISC. No.86496 of 2024(5) dt.16-07-2025
4/4mentioned order shall not be delayed for
purpose of or in the name of verification.
e. In view of the antecedents of the petitioners,
the petitioners are directed to appear before
the Superintendent of Police, Gopalganj
within fifteen days of their release with a copy
of this order and every two weeks thereafter
for the next nine months. The conduct of the
petitioners will be kept under watch in this
period by the Superintendent of Police
concerned and if it is found wanting in any
respect, a report shall be made to the court
concerned by him to initiate a proceeding for
cancellation of bail for reasons of misuse of
bail. After reporting to the Superintendent of
Police, a certificate will be filed by the
petitioners before the court concerned.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
tusharika/-
U T
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