Patna High Court
Ramanand Ray @ Ramanand Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to Ramanand Ray subject to specified conditions.
Summary
Ramanand Ray sought anticipatory bail in a criminal case (Banjariya PS Case No. 526 of 2025) alleging assault with a knife over a land dispute. The informant claimed a knife injury, but the injury report and the Sessions Judge’s observation described it as simple. The petitioner's counsel argued the injury was exaggerated and offered to pay Rs.5,000 to the informant. The court, noting the simple nature of the injury and the petitioner’s undertaking to appear in trial, granted anticipatory bail subject to a Rs.5,000 payment, a bail bond of Rs.10,000 with two sureties, and several conditions including regular court appearances and non‑interference with witnesses. The anticipatory bail was ordered to be effective if the petitioner is arrested or surrenders within four weeks.
Issues considered
- Whether anticipatory bail should be granted to Ramanand Ray under Section 438(2) of the Cr.P.C. given the allegations of assault and the nature of the injury.
Legislation cited
- Bhartiya Nayay Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438
- assault
- land dispute
- simple injury
- Bhartiya Nayay Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1283 of 2026
Arising Out of PS. Case No.-526 Year-2025 Thana- BANJARIA District- East Champaran
======================================================
1. Ramanand Ray @ Ramanand Kumar Yadav Son of Late Rambalak Ray
Resident of village- Mokhlispur( Mokhalispur) P.S- Banjariya, District- East
Champaran
2. Rajeshwar Ray Son of Late Rambalak Ray Resident of village-
Mokhlispur( Mokhalispur) P.S- Banjariya, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar Singh, APP
For the Informant : Mr. Rahul Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 04-02-2026 Learned counsel for the petitioners submit that during
the pendency of the anticipatory bail application, the petitioner
no.2, Rajeshwar Ray has been arrested and as such the prayer
against him be allowed to be withdrawn.
2. Accordingly, the anticipatory bail application of
petitioner no.2, Rajeshwar Ray is dismissed as withdrawn.
3. Heard Mr. Ajay Kumar Singh, learned counsel for
the petitioner and Mr. Rahul Singh, learned counsel representing
the informant beside the State.
4. The petitioner, Ramanand Ray @ Ramanand Kumar
Yadav is apprehending arrest in connection with Banjariya P.S.
Case No. 526 of 2025 instituted under Sections 126(2), 115(2),
Patna High Court CR. MISC. No.1283 of 2026(2) dt.04-02-2026
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118(1), 109, 352, 351(2), 3(5) of the Bhartiya Nayay Sanhita,
2023 lodged on 07.10.2025 by the informant, Ghanshyam
Kumar Singh.
5. As per the prosecution story, the informant alleged
that due to dispute relating to the transfer of land, the allegation
is that the accused persons caught hold of the informant and the
petitioner no.1, Ramanand Ray assaulted by knife on the head
causing injury. This led to the FIR.
6. Learned counsel for the petitioner submits that the
informant's side had taken money for the transfer of the land, it
was not transferred, an argument took place and in scuffle, he
fell down, causing injury which has been exaggerated as knife
injury.
7. Perusal of the injury report would show that the
same has been found to be simple in nature, a fact also
incorporated in the observation of the learned Sessions Judge.
8. Last submission is that irrespective of the outcome
of the present case and/or accepting the allegation, the petitioner
no.1, Ramanand Ray @ Ramanand Kumar Yadav intends to
contribute Rs.5000/- to the informant through Demand Draft
issued by the local State Bank of India branch/ Any
Nationalized Bank to be submitted before the concerned Court
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to be handed over to the informant after checking the credential.
9. Learned counsel for the informant opposes the
prayer submitting that he gave knife blow on the head of the
informant.
10. Considering the submissions of the parties as also
the materials on record, though the allegation of assault is there,
the injury has been found to be simple in nature as recorded by
the learned Sessions Judge, FIR is there, an undertaking has
been given that he shall be diligently appearing in trial, in that
background, this Court is inclined to extend him the privilege
of anticipatory bail subject to the payment of Rs.5000/- to the
informant through Demand Draft issued by the local State Bank
of India branch/ Any Nationalized Bank to be submitted before
the concerned Court to be handed over to the informant after
checking the credential.
11. Let the petitioner, Ramanand Ray @ Ramanand
Kumar Yadav be released on bail, in the event of his arrest or
surrender before the concerned court within a period of four
weeks from the receipt of this order, on furnishing bail bond of
Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each in connection with Banjariya P.S. Case No. 526 of
2025 to the satisfaction of learned C.J.M., East Champaran at
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Motihari or Successor Court subject to the conditions as laid
down under Section 438(2) of the Cr.P.C. as also the other
conditions.
(i) one of the bailor should be the family
member/relative of the petitioner, Ramanand Ray @ Ramanand
Kumar Yadav who shall provide official document to show
his/her bona fide;
(ii) the petitioner, Ramanand Ray @ Ramanand
Kumar Yadav shall appear on each and every date before the
Trial Court and failure to do so for two consecutive dates
without plausible reason will entail cancellation of his bail bond
by the Trial Court itself;
(iii) the petitioner, Ramanand Ray @ Ramanand
Kumar Yadav shall appear before the concerned police station
every fortnight for next six months to mark his attendance and
at the end of the period a certificate be submitted before the
Trial Court failing which the State shall be at liberty to take
steps for cancellation of bail bonds;
(iv) the petitioner, Ramanand Ray @ Ramanand
Kumar Yadav shall in no way try to induce or promise or threat
the witnesses or tamper with the evidences, failing which the
State shall be at liberty to take steps for cancellation of the bail
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bonds;
(v) the petitioner, Ramanand Ray @ Ramanand
Kumar Yadav shall desist from committing any criminal offence
again, failing which the State shall be at liberty to take steps for
cancellation of his bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
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