Patna High Court
Umesh RayversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109, 115, 118(1), 126(2), 3(5), 352
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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