Patna High Court
Upendra RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted as the petitioners have clean antecedents and the allegations do not constitute sufficient ground to deny bail.
Summary
The petitioners, brothers of a deceased man, applied for anticipatory bail after being implicated in a FIR alleging they threatened an informant and were involved in the death of the informant's husband under Sections 126(2), 103(1), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita. They contend that the allegations are false, arising from a land dispute with the family of Radhey Shyam Singh, and that the deceased actually died from a fall, as confirmed by a post‑mortem report and inquest. The State opposed the bail, arguing the seriousness of the accusations. The court examined the nature of the accusations, the clean antecedents of the petitioners, and the lack of substantive evidence linking them to the death. Finding the petitioners likely falsely implicated, the court granted anticipatory bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita offences alleged.
- Whether the material on record justifies denial of bail.
- Whether the petitioners are falsely implicated due to a land dispute.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 103(1), 126(2), 3(5), 351(2)
Subjects
- anticipatory bail
- false implication
- land dispute
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1070 of 2026
Arising Out of PS. Case No.-97 Year-2025 Thana- JANTA BAZAR District- Saran
======================================================
1. Upendra Ray S/o Late Suraj Ray @ Late Surya Ray R/o Village - Khurd
Lauan, P.O - Mirzapur, P.S - Janta Bazar, District - Saran
2. Jitendra Ray S/o Sri Yogendra Ray R/o Village - Khurd Lauan, P.O -
Mirzapur, P.S - Janta Bazar, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate
Mrs. Vaishnavi Singh, Advocate
Mr. Ritwik Thakur, Advocate
For the Opposite Party/s : Mr. Shantanu Kumar, Addl. Public Prosecutor
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 22-01-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(2), 103(1), 351(2)
and 3(5) of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., informant alleges that she received
the news of her husband’s sickness but when she reached to
him, he had already died. When she began probing, these
petitioners along with other accused persons threatened her to
change her stance. Informant suspects that the accused persons
assaulted her husband, killed him and cremated his dead body
with a view to erase evidence.
Patna High Court CR. MISC. No.1070 of 2026(2) dt.22-01-2026
2/3
4. Learned counsel for the petitioners submits that
petitioner no. 1 is own brother and petitioner no. 2 is own
brother of the deceased. Petitioners have falsely been implicated
by the family members of Radhey Shyam Singh with whom
petitioners had land dispute and petitioner no. 2 had filed Title
Suit No. 99 of 2023 which is pending the court of learned Sub-
Judge-IX, Saran at Chapra. As a matter of fact, the deceased fell
down from the roof and during treatment at PMCH, he died.
Sister of the deceased, namely, Babita Devi gave Fardbayan at
PMCH, Patna that her elder brother fell down from the roof and
entire family took him for treatment firstly, at Janta Bazar and
subsequently, he was referred to PMCH where he died during
course of treatment. Inquest of the deceased was prepared on
29.04.2025 at 12:30 PM in which Babita Devi and Chunnu
Kumar are the inquest report witnesses and thereafter, post-
mortem of the deceased was conducted. Even during the
treatment at PMCH, father of petitioner no. 2 and father of the
deceased have signed as guardian/attendant on the O.T. Risk
Bond and as per post-mortem report, cause of death is
‘polytrauma due to fall from height’. Petitioners claim clean
antecedent.
5. Learned A.P.P. for the State vehemently opposed
Patna High Court CR. MISC. No.1070 of 2026(2) dt.22-01-2026
3/3
the bail application.
6. Considering nature of accusation, materials
available on record and clean antecedents, this anticipatory bail
is allowed and it is ordered that let the above named petitioners
in the event of their arrest/surrender before the court below
within a period of eight weeks from today, be enlarged 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
Judicial Magistrate-I, Saran at Chapra in connection with Janta
Bazar P. S. Case No. 97 of 2025, subject to condition as laid
down under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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