Patna High Court
Dev Kumar Ray @ Debu RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
Anticipatory bail is granted to the petitioners under Section 482(2) of the BNSS.
Summary
Dev Kumar Ray and Pintu Kumar were accused of assaulting an informant's father with a sword during a land dispute, an FIR being lodged twelve days after the alleged incident. They applied for anticipatory bail, contending that they were falsely implicated, that the informant was not an eye‑witness, that there was no medical evidence of injury, and that they have a clean antecedent. The State opposed the bail, relying on charges under several sections of the Bharatiya Nyaya Sanhita, 2023. The court noted the admitted land dispute, the lack of direct allegations, the delay in filing the FIR, and the petitioners' clean record, and held that these factors warranted the grant of anticipatory bail. Accordingly, the court ordered that the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 each with two sureties, within six weeks, under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted to the accused under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 despite the serious nature of the offences alleged.
- Whether the lack of eyewitness testimony, medical evidence, and the delay in filing the FIR justify the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2), 76
Subjects
- anticipatory bail
- land dispute
- assault with sword
- Bharatiya Nyaya Sanhita
- Section 482
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29650 of 2026
Arising Out of PS. Case No.-185 Year-2025 Thana- MOHANPUR District- Samastipur
======================================================
1. Dev Kumar Ray @ Debu Rai, Gender-Male, aged about 26 years, S/o Late
Jagdish Rai, resident of village - Manjha (Dashahra), Police Station-
Mohanpur, District - Samastipur
2. Pintu Kumar, Gender Male, aged about 28 years, S/o Late Jagdish Rai,
resident of village- Manjha (Dashahra), Police Station - Mohanpur, District -
Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rohit Kumar, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 126(2),
115(2), 109(1), 76, 303(2), 352, 351(2) and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per allegations in the FIR, on 11.08.2025,
petitioners along with one co-accused, namely, Shivu Rai
entered the house of the informant and assaulted the father of
the informant, namely, Shambhu Rai by means of sword and
during rescue, the informant’s father sustained head injuries.
Patna High Court CR. MISC. No.29650 of 2026(2) dt.06-05-2026
2/3
4. Learned counsel for the petitioners submit that
petitioners have falsely been implicated in this case. He further
submits that there is admitted land dispute between the parties,
informant is not an eye-witness to the alleged occurrence, there
is no direct allegation against the petitioners rather there is
general and omnibus allegation against them, no medical
examination supports the claim of the informant and there is
case and counter case against them. Petitioners have got clean
antecedent as stated in para-3 of the petition. He next submits
that the present case was lodged after a delay of 12 days of the
alleged occurrence.
5. Learned APP for the State opposes the prayer for
anticipatory bail of the petitioners.
6. In view of the aforesaid submissions as also the fact
that there is admitted land dispute between them, so I am
inclined to grant anticipatory bail to the petitioners. Let the
above named two petitioners be released on anticipatory bail in
the event of their arrest or surrender before the court below
within a period of six weeks from today, on furnishing bail bond
of Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned ACJM, Samastipur in
connection with Mohanpur P.S. Case No. 185 of 2025, subject
Patna High Court CR. MISC. No.29650 of 2026(2) dt.06-05-2026
3/3
to the conditions as laid down under Section 482(2) of the
BNSS.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U T
Checking your session…