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Patna High Court

Umesh RayversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted and dismissed the application.

Summary

Umesh Ray was charged under several sections of the Bharatiya Nyaya Sanhita, 2023 for allegedly assaulting a victim with a blunt object, causing severe injuries that required 37 stitches. He has been in custody since 27 November 2024 and sought regular bail, having previously been denied bail. The informant opposed bail, citing the seriousness of the injuries and the prosecution’s readiness to proceed with trial. The court examined the earlier bail order and found no new ground to overturn it, emphasizing the gravity of the offences and the prosecution’s case. Consequently, the court dismissed the bail application, but permitted the petitioner to re‑apply if the trial is unduly delayed.

Issues considered

  • Whether the petitioner is entitled to regular bail pending trial for offences under the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • assault
  • grievous injury
  • Bharatiya Nyaya Sanhita
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11357 of 2026
                    Arising Out of PS. Case No.-327 Year-2024 Thana- BHAGWANPUR District- Vaishali
                 ======================================================
                 Umesh Ray S/o Kailash Rai R/o Village - Karhari, P.S - Bhagwanpur, District
                 - Vaishali at Hajipur
                                                                             ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Jeetendra Narayan, Advocate
                 For the Informant       :        Mr.R.K. Shukla, Sr. Advocate
                 For the State           :        Mr.Jai Narain Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   25-02-2026                     Heard the parties.

                                  2. This is the second attempt of the petitioner for

                   grant of regular bail in connection with Bhagwanpur P.S. Case

                   No. 327 of 2024 registered for the offence under Sections

                   126(2), 115, 118(1), 109, 352 r/w 3(5) of the B.N.S. Earlier the

                   bail application of the petitioner was rejected vide order dated

                   16.04.2025 passed in Cr. Misc. No. 17239 of 2025 which reads

                   as under:-

                                                Heard the learned senior counsel for the
                                    petitioner, learned APP appearing for the State and the
                                    learned senior counsel for the informant.
                                                2. The petitioner seeks regular bail in
                                    connection with Bhagwanpur P.S. Case No. 327 of 2024
                                    registered for the offence under Sections 126(2), 115,
                                    118(1), 109, 352, 103(1) & 3(5) of the Bharatiya Nyaya
                                    Sanhita, 2023.
                                                3. The petitioner and one Shankar Ray are
                                    said to have assaulted the victim on his head with a hard
                                    and blunt object. The injury report has also supported the
                                    prosecution allegation.
              Patna High Court CR. MISC. No.11357 of 2026(3) dt.25-02-2026
                                                          2/2




                                                    4. Learned senior counsel for the petitioner
                                        submits that the petitioner is innocent and has not
                                        committed any offence. He is in custody since 27.11.2024.
                                                    5. Learned senior counsel for the informant,
                                        Mr. Shukla has vehemently opposed the prayer for bail
                                        and has taken this Court to the post-mortem report which
                                        shows that the deceased needed 37 stitches during the
                                        course of treatment.
                                                    6. Considering the aforesaid facts and
                                        circumstances, I am not inclined to grant bail to the
                                        petitioner.
                                                    7. Accordingly, this application for regular
                                        bail is dismissed.

                                     3. It has been submitted by the learned counsel for the

                        petitioner that the petitioner may be granted bail as he is in jail

                        since 27.11.2024.

                                     4. Mr. R.K. Shukla, learned Senior Counsel for the

                        informant submits that the case has been committed and the

                        prosecution will cooperate in the trial and will examine the

                        witnesses on the dates fixed after the charges are framed.

                                     5. Considering the aforesaid facts, this Court finds no

                        ground to review its earlier order.

                                     6. Accordingly, this application is dismissed again

                        with liberty to the petitioner to renew his prayer for bail if the

                        prosecution delays the trial.


                                                   (Sandeep Kumar, J)
tusharika/-
U       T


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