Patna High Court
Sikandar Ray @ Sakindar RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners, subject to bond and surety conditions.
Summary
The petitioners, members of the Ray family, were accused of assaulting members of a rival branch of the same family during a panchayat meeting over a land dispute. The FIR alleged offences under several sections of the Bihar Non‑Statutory (BNS) Act, 2023, and the petitioners sought anticipatory bail, claiming they were falsely implicated and that the injuries were minor. The counsel highlighted that both parties are agnates, there exists a counter‑case, and the injuries sustained are simple. The court noted the existence of a case and counter‑case, the familial relationship, and the nature of injuries, and therefore found sufficient ground to grant anticipatory bail. The application was allowed, directing the petitioners to surrender within four weeks and obtain bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNS Act, 2023.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioners under the circumstances of a land‑dispute‑related assault?
- Do the facts justify the application of Section 438(2) CrPC and Section 482(2) BNS, 2023 for anticipatory bail?
Legislation cited
- BNS, 2023 — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2), 74
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- land dispute
- assault
- agnates
- Criminal Procedure Code
- Bihar Non‑Statutory Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12694 of 2026
Arising Out of PS. Case No.-452 Year-2025 Thana- SHAHPUR PATORI District- Samastipur
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1. Sikandar Ray @ Sakindar Ray S/O Kishuni Ray Village- Ward No. 6,
Dakshini Dhamoun, P.S.- Patory, Distt.- Samastipur
2. Sobindar Ray S/O Kishuni Ray Village- Ward No. 6, Dakshini Dhamoun,
P.S.- Patory, Distt.- Samastipur
3. Pankaj Ray @ Pankaj Kumar S/O Sikandar Ray @ Sakindar Ray Village-
Ward No. 6, Dakshini Dhamoun, P.S.- Patory, Distt.- Samastipur
4. Nitish Kumar S/O Sikandar Ray @ Sakindar Ray Village- Ward No. 6,
Dakshini Dhamoun, P.S.- Patory, Distt.- Samastipur
5. Amod Ray @ Amod Kumar S/O Sobindar Ray Village- Ward No. 6,
Dakshini Dhamoun, P.S.- Patory, Distt.- Samastipur
6. Divyanshu Kumar S/O Sobindar Ray Village- Ward No. 6, Dakshini
Dhamoun, P.S.- Patory, Distt.- Samastipur
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Khushi Awadh, Advoate
For the State : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 25-03-2026 1. Heard learned Counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Patori (Shahpur Patori) Police Station Case No.
452 of 2025, disclosing offences under Sections 126(2), 115(2),
117(2), 109, 74, 303(2), 352, 351(2) and 3(5) of the BNS, 2023.
3. As per the First Information Report, on
31.10.2025, a panchayti was held due to land dispute between
the parties and on 02.11.2025, petitioner nos. 1,3 and 4 assaulted
the informant jointly with lathi and farsa upon his head.
Patna High Court CR. MISC. No.12694 of 2026(2) dt.25-03-2026
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Petitioner nos. 2,5 and 6 along with 5-6 unknown persons,
armed with lathi, danda and farsa, assaulted Ram Nandan Ray
and his sons Ranjeet Kumar Ray and Amarjeet Kumar Ray, due
to which they also sustained injuries.
4. Learned Counsel for the petitioners submits that
the petitioners have falsely been implicated in the present case.
He further submits that both the parties are agnates having long
standing land dispute. The property was partitioned in the year
2009. A counter case has also been lodged by co-accused Shivan
Ray which was recorded at PMCH, Patna having Shahpur Patori
P.S. Case No. 454 of 2025. It has further been submitted that
both the sides have sustained injuries and injuries sustained by
both sides are simple in nature which has been stated by the
petitioners in paragraph 13 of the bail petitioner.
5. Having regard to the submissions made on
behalf of the parties and taking into consideration the fact that
both the parties are agnates having land dispute, there is case
and counter case between them and injuries sustained by the
victims are simple in nature, I am inclined to grant the
petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of
Patna High Court CR. MISC. No.12694 of 2026(2) dt.25-03-2026
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their arrest or surrender before the Court below within four
weeks, 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 learned Additional Chief
Judicial Magistrate, Shahpur Patori, District-Samastipur, in
connection with Patori (Shahpur Patori) Police Station Case No.
452 of 2025, subject to the condition laid down under Section
438 (2) of the Code of Criminal Procedure/Section 482(2) of the
BNSS, 2023.
(Anil Kumar Sinha, J)
priyanka/-
U T
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