Patna High Court

Jhulan RayversusThe State of Bihar

Decided: 9 April 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is granted to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioners, Jhulan Ray and Jalandhar Ray, sought anticipatory bail fearing arrest in a case registered under several sections of the Bharatiya Nyaya Sanhita for alleged assault on the informant’s nephew and grandson. The prosecution alleged that the petitioners assaulted the victims, while the petitioners contended that the incident stemmed from a land dispute and resulted only in simple injuries, asserting no specific overt act was alleged against them. They highlighted their clean antecedent and pointed out that similarly situated co‑accused had already been granted anticipatory bail in a related matter. The State opposed the bail application, arguing the seriousness of the offences. Considering the nature of the allegations, the minor injuries, the petitioners’ clean record, and the precedent of bail to co‑accused, the Court allowed anticipatory bail, directing that if arrested within eight weeks they be released on a bail bond of Rs 10,000 with 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 circumstances of the case
Whether the allegations constitute a specific offence sufficient to deny anticipatory bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 118(1), 126(2), 3(5), 352, 74

Subjects

anticipatory bail
assault
land dispute
clean antecedent
Bharatiya Nyaya Sanhita
Section 482
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12106 of 2026
                       Arising Out of PS. Case No.-59 Year-2025 Thana- NAYAGAON District- Saran
                 ======================================================
           1.     Jhulan Ray S/o Late Bishun Ray R/o Vill- Rajapur, Chhitupakar, P.S-
                  Nayagaon, Dist- Saran
           2.    Jalandhar Ray S/o Late Bishun Ray R/o Vill- Rajapur, Chhitupakar, P.S-
                 Nayagaon, Dist- Saran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jeetendra Narayan, Advocate
                 For the Opposite Party/s :       Mr. Madhura Nand Jha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   09-04-2026                    Heard learned counsel for the petitioners and the

                   State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 126(2), 115(2), 118(1),

                   109(1), 74, 352, 3(5) of the Bharatiya Nyaya Sanhita.

                                3. As per prosecution case, these petitioners assaulted

                   nephew and grandson of the informant.

                                4. Learned counsel for the petitioners submits that

                   petitioners are innocent and have committed no offence. On

                   account of land dispute between the parties, altercation took

                   place in which both sides sustained injuries. Injuries sustained

                   by the injured are simple in nature. Case and counter case.
            Patna High Court CR. MISC. No.12106 of 2026(2) dt.09-04-2026
                                                        2/2




                      Allegation of assault is general and omnibus and there is no

                      allegation of any specific overt act against these petitioners.

                      Similarly situated co-accused persons have already been granted

                      anticipatory bail by this Court vide order dated 15.11.2025

                      passed in Cr. Misc. No. 55186 of 2025. Petitioners claim clean

                      antecedent.

                                   5. Learned A.P.P. for the State vehemently opposed

                      the bail application.

                                   6. Considering the nature of accusation, injuries and

                      clean antecedent, 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 learned Judicial Magistrate,

                      1st Class, Saran at Chapra in connection with Nayagaon P. S.

                      Case No. 59 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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