Patna High Court
Shiv Kumar RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted bail to the petitioner.
Summary
Shiv Kumar Ray was arrested in connection with a case involving alleged assault on an informant, his son, and the informant's wife, as well as the theft of Rs.20,000. The prosecution alleged that Ray and co‑accused used weapons and force during the incident. Ray's counsel argued that the assault allegations primarily pertained to other co‑accused and highlighted an unexplained 28‑day delay in filing the FIR. The State opposed bail, citing the seriousness of the offences. Considering the delay in FIR filing and the circumstances, the court granted bail to Ray upon a bond of Rs.10,000 with two sureties, directing compliance with the Judicial Magistrate of Motihari.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences alleged under the Bhartiya Nayay Sanhita.
- Whether the 28‑day delay in lodging the FIR warrants bail.
Subjects
- bail
- criminal procedure
- delay in FIR
- assault
- theft
- Bhartiya Nayay Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14776 of 2026
Arising Out of PS. Case No.-151 Year-2024 Thana- MEHSI District- East Champaran
======================================================
Shiv Kumar Ray S/o Late Bhairo Ray R/o Village - Saray Banwari, P.S -
Mehsi, District - East Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Kishore Saurabh, Advocate
For the Opposite Party : Mrs. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with Mehsi
P.S. Case No. 151 of 2024, registered for the offence under
Sections 191(2), 191(3), 190, 126(2), 115(2), 109, 76, 303(2) of
the Bhartiya Nayay Sanhita.
3. As per the prosecution case, the petitioner along
with co-accused persons came at the door of the informant and
started taking woods, on opposition being made, co-accused
Priyanshu Kumari with the intention to kill the son of the
informant assaulted on his head, when the informant went in
rescue, he too was assaulted by the petitioner and co-accused
Himanshu Kumar armed with khukhri and co-accused Lalita
Kumari armed with iron rod, co-accused Beauty Kumari and
Pragya Kumari armed with rod. While the wife of the informant
Patna High Court CR. MISC. No.14776 of 2026(2) dt.12-03-2026
2/2
came to save him, petitioner caught her by her hair and thrashed
her on the ground and the petitioner and co-accused Lalita Devi
took Rs.20,000.00 from the pocket of the informant.
4. Learned counsel appearing for the petitioner
submits that the allegation of assault is against other co-accused
persons and allegation of thrashing the wife of the informant on
the ground has been purposely made so as to make the petitioner
an accused in this case. There is also unexplained inordinate
delay of 28 days in lodging the present FIR.
5. Learned A.P.P. for the State vehemently opposed
the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
particularly the fact that there is unexplained inordinate delay of
28 days in lodging the FIR, let the, above named, petitioner be
released on bail on furnishing bail bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate 1st Class, Motihari,
East Champaran, in connection with Mehsi P.S. Case No. 151 of
2024.
(Praveen Kumar, J)
Pawan/-
U T
Checking your session…