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Patna High Court

Suraj Ray @ Suraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to specified conditions.

Summary

The petitioner, Suraj Ray, sought anticipatory bail fearing arrest in a case registered under several sections of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.). He alleged that he was falsely implicated through a re‑statement made by the informant sixteen days after the incident, whereas the FIR did not name him. The informant’s re‑statement implicated the petitioner along with other accused persons in the alleged assault and death of his son during a Tazia procession. The State opposed the bail on the ground that the petitioner might abscond, but the petitioner assured cooperation with the investigation. The High Court, after considering the circumstances, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under section 438(2) of the CrPC and section 482(2) of the B.N.S., while reserving the right of the trial court to cancel the bail if the petitioner fails to cooperate.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under section 438(2) of the CrPC and section 482(2) of the B.N.S. despite the allegations of false implication.
  • Whether the petitioner is likely to abscond or tamper with the investigation.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • FIR re‑statement
  • Bharatiya Nagarik Suraksha Sanhita
  • Criminal Procedure
  • bail conditions
  • investigation cooperation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15817 of 2026
                    Arising Out of PS. Case No.-184 Year-2025 Thana- MEHSI District- East Champaran
                 ======================================================
                 Suraj Ray @ Suraj Kumar S/o- Nawal Kishore Ray R/v- Amwa Bada Po Ps-
                 Mehsi Dist- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Santosh Kumar
                 For the Opposite Party/s :       Mr.Anil Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   09-04-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State .

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Sections 190, 191(2), 191(3),

                   126(2), 118(1), 118(2), 109 of the B.N.S.

                                3. The Investigating Officer of the case in compliance

                   of the order dated 24.03.2026 is present in the Court.

                                4. The learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases, out of which, two cases

                   are under the Excise Act and the informant alleges that on eve of

                   Tazia, his son had gone out to Kankatti market in the procession

                   on 06.07.2025, further, at 6 P.M. the informant received an

                   information that occurrence of assault had taken place in the

                   procession, thus he went to the place of occurrence and saw
Patna High Court CR. MISC. No.15817 of 2026(3) dt.09-04-2026
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          Rajesh, Vasant, Chandan, Pankaj, Jagesh, Bhola, Vikash,

          Abhishek, Jitu and Sonu were taking his son on a motorcycle

          with an intent to kill him, being afraid, the informant came back

          home and informed his neighbour, thereafter, he received a call

          from his son’s mobile and the caller said that his son would be

          killed and is lying near water tank, accordingly he reached the

          place of occurrence and saw his son lying in an injured

          condition.

                       5. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant, it is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that

          informant alleges that he received an information that an

          occurrence of assault has been taken place in Tazia procession,

          accordingly, he went to the place of occurrence and saw the

          named accused persons taking his son away on a motorcycle

          and out of fear he came back home and informed his neighbour

          and thereafter he received a call that his son would be killed, it

          is next submitted that petitioner is not named in the FIR but then

          he came to be implicated based on the re-statement of the

          informant recorded by the police after institution of the instant

          FIR, after 16 days of the occurrence, re-statement of the
Patna High Court CR. MISC. No.15817 of 2026(3) dt.09-04-2026
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          informant is recorded at para 53 of the case diary. It is next

          submitted that no doubt the son of the informant died during the

          course of treatment but then the petitioner was not involved in

          the occurrence. It is further submitted that on the day of Tazia

          procession, an altercation had taken place, on account of which

          the deceased had assaulted the cousin brother and father of the

          petitioner, on account of assault, the cousin brother of the

          petitioner died on the spot and the intestine of the father of the

          petitioner came out as such, he was rushed to the hospital, it is

          submitted that since it was the day of festivity and the son of the

          informant had assaulted two persons and one person died and

          other was seriously injured, as such the mob gathered and

          assaulted the son of the informant injuring him.        It is next

          submitted that since cousin brother of the petitioner died and his

          father became injured hence, the informant by way of

          afterthought implicated the petitioner in his re-statement

          recorded at para 53 of the case diary after 16 days of the

          occurrence. It is also submitted that informant in the F.I.R. has

          specifically named the accused persons whom he saw taking

          away his son on motorcycle but then the petitioner was not

          implicated in the F.I.R. but in his re-statement the informant by

          way of afterthought apart from implicating the petitioner also
Patna High Court CR. MISC. No.15817 of 2026(3) dt.09-04-2026
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          implicated many other accused persons.

                       6. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner and submits that if privilege of

          anticipatory bail is granted to the petitioner, the petitioner may

          abscond on which the learned counsel appearing on behalf of

          the petitioner submits that petitioner will not abscond rather will

          cooperate in the investigation.

                       7. Considering the aforesaid facts and circumstances

          of the case, I am inclined to grant privilege of anticipatory bail

          to the petitioner.

                       8. Let the petitioner, as named above, in the event of

          his arrest or surrender within four weeks from today, be

          enlarged 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 the learned Judicial Magistrate, Motihari at East

          Champaran, in connection with Mehsi P.S. Case No. 184 of

          2025, subject to the conditions laid down under section 438(2)

          of the Code of Criminal Procedure/Section 482(2) of the

          Bharatiya Nagarik Suraksha Sanhita, 2023.

                       9. However, it is made clear that if the investigating

          officer of the case file an application before the learned trial

          Court bringing to its notice that petitioner despite giving
            Patna High Court CR. MISC. No.15817 of 2026(3) dt.09-04-2026
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                      assurance to this Court is not cooperating in the investigation, in

                      that event, the learned trial Court shall be at liberty to cancel the

                      bail bond of the petitioner after recording the reason.

                                   10. The personal appearance of the I.O. of the case is

                      dispensed with.



                                                                     (Satyavrat Verma, J)
sanjeev/-

U


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