Patna High Court
Ram Kumar Ray @ Ramkumar RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the application for regular bail, subject to specified conditions.
Summary
Ram Kumar Ray and Rupan Ray were arrested in connection with a police case alleging assault and other offences under the Bharatiya Nyaya Sanhita, 2023. They applied for regular bail, claiming innocence, a clean antecedent, and willingness to compensate the victim with Rs.20,000. The State opposed the bail. The Court examined the seriousness of the charges and the petitioners' circumstances and decided to grant bail subject to a bond of Rs.10,000 each, two sureties, submission of a demand draft for compensation, monthly attendance at the police station, and verification of clean antecedents. The order expressly limited its observations to the bail application and stated they should not affect the trial. Consequently, the petitioners were released on bail under the stipulated conditions.
Issues considered
- Whether regular bail should be granted to the accused under Sections 126(2), 115(2), 118(1), 109, 74, 76, 303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the conditions imposed by the Court are appropriate for granting bail in the present case.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 74, 76
Subjects
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- bond
- surety
- clean antecedent
- compensation demand draft
- police station attendance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43199 of 2026
Arising Out of PS. Case No.-89 Year-2026 Thana- VIDYAPATINAGAR District- Samastipur
======================================================
1. Ram Kumar Ray @ Ramkumar Ray S/o Ramsagar Rai @ Ram Sagar Rai @
Ramsagar Ray Resident of Village- Simri, Police Station- Vidyapatinagar,
District- Samastipur.
2. Rupan Ray @ Rupan Kumar S/o Ramsagar Rai @ Ram Sagar Rai @
Ramsagar Ray Resident of Village- Simri, Police Station- Vidyapatinagar,
District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar
For the Opposite Party/s : Mr. Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 02-07-2026 Heard the learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek regular bail in connection with
Vidyapatinagar P.S. Case No. 89 of 2026 registered for the
offence under Sections 126(2), 115(2), 118(1), 109, 74, 76,
303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution case, the petitioners are
accused of assaulting the victim causing injuries.
4. Learned counsel for the petitioners submits that
the petitioners are quite innocent and have falsely been
implicated in this case. The petitioners are in custody since
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24.04.2026 and claim clean antecedent. It is also submitted that
the petitioners, without accepting their guilt, are ready to make
good the loss to the victim to the tune of Rs. 20,000/-
collectively.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
and the submissions advanced on behalf of the petitioners, this
application for regular bail is allowed.
7. Let the petitioners, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
each 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 Vidyapatinagar P.S. Case No. 89 of
2026 subject to condition that:-
(i) At the time of furnishing the bail
bonds, the petitioners shall produce a demand
draft of Rs. 20,000/- (Rupees Twenty Thousand
only) collectively in the name of the
victim/informant, and after verifying its
genuineness, the same shall be handed over to the
victim by the learned Court below.
(ii). The petitioners will mark his
attendance at the Vidyapatinagar Police Station on
the first Sunday of each month. Any default in
appearance at the Police Station would result in
cancellation of bail bond of the petitioners.
(iii). At the time of accepting the bail
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bonds of the petitioners, the Court below shall
verify the fact whether the petitioners have clean
antecedents or not. If it is found that the petitioners
have clean antecedents, then only their bail bonds
shall be accepted by the Court below. However, it
is made clear that the acceptance of bail bonds in
terms of the above-mentioned order shall not be
delayed for the purpose of or in the name of
verification.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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