Patna High Court
Premchand RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioners, subject to conditions under Section 438(2) of the CrPC and Section 482 of the B.N.S. Act.
Summary
The petitioners, Sanjay Rai and Premchand Ray, applied for anticipatory bail fearing arrest in connection with a murder‑related case (PS Case No.156 of 2024) alleging assault under sections 103(2) and 61(2) of the B.N.S. Act. They contended that they were falsely implicated, that the FIR lacked specific allegations against them, and that the post‑mortem report did not support an assault. The informant opposed the bail, arguing that the seriousness of the offence warranted detention. The High Court examined the submissions and, applying the principles of Sections 438(2) of the CrPC and 482 of the B.N.S. Act, decided to grant anticipatory bail. The court ordered that, upon arrest or surrender within four weeks, the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the usual conditions. The order reflects the court’s view that the petitioners’ right to liberty outweighed the prosecution’s claim of necessity for custody.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC in a case involving alleged murder and assault.
Legislation cited
- B.N.S. Act — s. 103(2), 482, 61(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNS
- murder
- assault
- bail bond
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13595 of 2025
Arising Out of PS. Case No.-156 Year-2024 Thana- JURAWANPUR District- Vaishali
======================================================
Sanjay Rai S/O Umashankar Rai R/O Village- Shiv Nagar Bishram Tola, P.S-
Jurawanpur, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 14870 of 2025
Arising Out of PS. Case No.-156 Year-2024 Thana- JURAWANPUR District- Vaishali
======================================================
Premchand Ray Son of Mathura Ray Resident of Village - Shivnagar Purani,
P.S. - Jurawanpr, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 13595 of 2025)
For the Petitioner/s : Mr. Patanjali Rishi, Adv
Ms. Sunidhi Vimal, Adv
For the Opposite Party/s : Mr. Jharkhandi Upadhaya, APP
(In CRIMINAL MISCELLANEOUS No. 14870 of 2025)
For the Petitioner/s : Mr.Usha Kumari Singh
For the Opposite Party/s : Mr.Jagdhar Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 20-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioners apprehend their arrest in connection
with Jurawanpur P.S.Case No. 156 of 2024 registered for the
Patna High Court CR. MISC. No.13595 of 2025(4) dt.20-02-2026
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offence under sections 103(2),61(2) of BNS.
3. The petitioners and others are said to have
assaulted the victim.
4. It has been submitted by the learned counsel for the
petitioners that the petitioners are innocent and they have falsely
been implicated in this case. It is further submitted that there is
no specific allegation against any of the petitioners including the
petitioners. From the post mortem report, it does not appear that
assault has taken place as per the FIR.
5. Learned counsel for the informant has vehemently
opposed the bail application of the petitioners and submitted
that the petitioners do not deserve anticipatory bail in the case of
murder.
6. Considering the aforesaid facts, this application is
allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, 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 the learned Chief
Judicial Magistrate, Vaishali at Hajipur/ concerned court below
in connection with Jurawanpur P.S.Case No. 156 of 2024,
Patna High Court CR. MISC. No.13595 of 2025(4) dt.20-02-2026
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subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973/ Section 482 of the BNSS.
(Sandeep Kumar, J)
N.K/-
U T
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