Patna High Court
Ramesh Rai @ Ramesh Ray @ Ramesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that anticipatory bail should be granted, subject to conditions, as the allegations did not warrant pre‑emptive detention.
Summary
The petitioners, Ramesh Rai and Ajay Rai, were accused of assaulting an informant with an iron rod and an axe, respectively, under Sections 126(2), 115, 118, 74 and 3(5) of the Bharatiya Nyaya Sanhita. The informant sustained injuries and the FIR was lodged after a three‑day delay, raising doubts about the prosecution's case. The petitioners, who are agnates, claimed the incident stemmed from an old family dispute and asserted their innocence and clean antecedents. The State opposed the anticipatory bail application, while the petitioners' counsel argued that the delay and lack of clear evidence warranted relief. The Court, after considering the nature of the accusations and the surrounding circumstances, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directed that if arrested within eight weeks, the petitioners be released on bail upon compliance with the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged assault under the specified sections of the Bharatiya Nyaya Sanhita.
- Whether the three‑day delay in filing the FIR undermines the credibility of the prosecution's case.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, permits the Court to impose conditions on anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115, 118, 126(2), 3(5), 74
Subjects
- anticipatory bail
- assault
- FIR delay
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.138 of 2026
Arising Out of PS. Case No.-270 Year-2025 Thana- SAKRA District- Muzaffarpur
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1. Ramesh Rai @ Ramesh Ray @ Ramesh Kumar Son of Vijay Ray @ Vijay
Rai R/o Village - Pilkhi Juravanpatti, P.S. - Sakra, Dist. - Muzaffarpur.
2. Ajay Rai @ Ajay Ray Son of Late Chanar Ray R/o Village - Pilkhi
Juravanpatti, P.S. - Sakra, Dist. - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyesh Kumar, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 20-01-2026 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, 118, 74,
3(5) of the Bharatiya Nyaya Sanhita.
3. As per prosecution case, petitioner no. 1 assaulted
on the head and chest of informant with iron rod and petitioner
no. 2 assaulted on her head with axe.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence. Both
parties are agnates and on account of old dispute, simple
altercation took place between them. Informant sustained three
Patna High Court CR. MISC. No.138 of 2026(2) dt.20-01-2026
2/2
injuries and doctor has reserved its opinion regarding the nature
of injuries. F.I.R. has been lodged after inordinate delay of three
days which itself raises doubt over veracity of the prosecution
case. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation and other facts
and circumstances of the case, 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 Additional Chief
Judicial Magistrate-15, East Muzaffarpur in connection with
Sakra P. S. Case No. 270 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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