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Patna High Court

Vimal Ray @ Bimal Kumar @ Bimal Ray @ Vimal KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Vimal Ray, was charged under Sections 316(2), 318(3), 3(5), 109, 352 of the Indian Penal Code and Section 27 of the Arms Act for allegedly firing a pistol at an informant during a land‑related dispute. The prosecution alleged that after a land sale, the informant discovered the land had already been transferred to the petitioner's wife, leading to an argument and the alleged shooting. The petitioner contended he was falsely implicated, highlighted a pending civil suit for cancellation of the deed, and asserted he had no criminal antecedent and no risk of absconding. The charge‑sheet had already been filed and the petitioner had been in custody since 29‑09‑2025. The court, after considering the civil dispute, the completed charge‑sheet, and the petitioner's clean record, ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges under serious IPC and Arms Act provisions
  • Whether there is a likelihood of the petitioner absconding or tampering with evidence

Legislation cited

Subjects

  • regular bail
  • Indian Penal Code
  • Arms Act
  • land dispute
  • civil suit
  • no criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12894 of 2026
                   Arising Out of PS. Case No.-137 Year-2025 Thana- HAJIPUR SADAR District- Vaishali
                 ======================================================
                 Vimal Ray @ Bimal Kumar @ Bimal Ray @ Vimal Kumar Son of
                 Ramchandra Ray Resident of village- Dawatpur Deonia PS- Hajipur Sadar,
                 Dist-Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anuj Kumar, Advocate
                 For the Opposite Party/s :       Mr. Aditya Narayan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   26-02-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in a case registered

                   under Sections 316(2), 318(3), 3(5), 109, 352 of B.N.S. and

                   Section 27 of the Arms Act.

                                3. As per prosecution case, it is alleged that after

                   negotiations between informant and petitioner in presence of

                   petitioner’s wife, the informant purchased a piece of land from

                   the petitioner. Later on the informant came to know that the said

                   land has already been transferred in the name of petitioner’s

                   wife. It is further alleged that when the informant went to get

                   the land measured, the petitioner along with his wife started

                   arguing, gathered 8-10 unknown persons and fired with pistol
Patna High Court CR. MISC. No.12894 of 2026(2) dt.26-02-2026
                                            2/3




          upon the informant but somehow he saved himself and ran

          away.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has been falsely implicated in this

          case. There is a civil suit being Title Suit No.1236 of 2014 for

          cancellation of deed is pending. Nothing has been recovered

          from conscious possession of the petitioner. The charge sheet

          has already been submitted and there is no chance of absconding

          of the petitioner or tampering with the evidence. Petitioner is in

          jail since 29.09.2025 having no criminal antecedent and he

          undertakes to cooperate in the trial.

                       5. Learned A.P.P. has opposed the prayer for bail of

          the petitioner.

                       6. Considering the facts and circumstances of the

          case, submissions of the parties and the facts that there is a civil

          suit between the parties, charge sheet has already been

          submitted, there is no criminal antecedent of petitioner and the

          period of custody undergone by him,                  let the above named

          petitioner be released on bail on furnishing bail bond of

          Rs.10,000/- (rupees ten thousand) with two sureties of the like

          amount each to the satisfaction of learned Principal District and

          Sessions Judge, Vaishali at Hajipur/concerned court in
           Patna High Court CR. MISC. No.12894 of 2026(2) dt.26-02-2026
                                                       3/3




                     connection with Hajipur Sadar P.S. Case No.137 of 2025.



                                             (Sunil Dutta Mishra, J)
Harish/-

U      T


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