Patna High Court
Rayji Kumar @ Ray Jee Kumar @ Nagendra RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to conditions under Section 482(2) of the BNSS, 2023.
Summary
The petitioner, Rayji Kumar, was implicated in a police case (Ghoshi PS Case No.284 of 2025) for alleged assault, including a lathi blow and attempted strangulation, under several sections of the BNS, 2023. The prosecution alleged that the petitioner and co‑accused attacked the informant, causing injuries, while the petitioner’s counsel argued that the injury was minor, the FIR was lodged after a delay, and the petitioner was falsely implicated. The court noted the superficial nature of the injury and the possibility of false implication. Considering these factors, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions including presence in court and a close relative as a bailor. The bail was granted under Section 482(2) of the BNSS, 2023.
Issues considered
- Whether the petitioner should be granted bail despite the allegations of assault and attempted strangulation.
- Whether the FIR and injury report indicate a false implication of the petitioner.
Subjects
- bail
- false implication
- assault
- injury report
- Section 482
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16234 of 2026
Arising Out of PS. Case No.-284 Year-2025 Thana- GHOSI District- Jehanabad
======================================================
Rayji Kumar @ Ray Jee Kumar @ Nagendra Ray, Son of Jayant Yadav @
Jayant Kumar, Resident of Village - Mirabigha, P.O.- Ghoshi, P.S.- Ghoshi,
District- Jehanabad, State- Bihar, Pin- 804406
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nalin Kumar, Advocate
For the Opposite Party/s : Mr.Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. In the present case, the petitioner is apprehending
his arrest in connection with Ghoshi P.S. Case No.284 of 2025,
registered for the offences under Sections 126(2), 115(2), 352,
351(2), 109, 3(5) of BNS, 2023.
3. As per the prosecution case, the petitioner and
other co-accused persons came to the khalihan of the informant
and assaulted the informant with lathi causing injuries to him.
The allegation against the petitioner is that he gave a lathi blow
to the informant and also tried to strangulate him.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.16234 of 2026(2) dt.06-04-2026
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case. No occurrence in the manner as alleged has ever taken
place. The FIR has been lodged after delay of two days making
all the family members of the petitioner party in this case.
Though there is allegation against a number of persons for
assaulting the informant with lathi and bricks, but the injury
report of the informant shows only one lacerated wound over
vertex of the head of size 1.5cm x .25 cm x skin deep and the
dimension of injury shows it is merely a scratch. The learned
counsel further submits that the injury is stated to be simple.
Thus, the dimensions, nature of injury and its number
completely falsify the allegation made in the FIR. The petitioner
is having clean antecedent.
5. The learned APP vehemently opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
superficial and non-corroborative nature of injury and further
considering the possibility of false implication, let the petitioner
above named in the event of his arrest or surrender before the
court concerned within a period of eight weeks from today, be
released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) with two sureties of the like
Patna High Court CR. MISC. No.16234 of 2026(2) dt.06-04-2026
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amount each to the satisfaction of learned Chief Judicial
Magistrate, Jehanabad/court concerned, in connection with
Ghosi P.S. Case No. 284 of 2025, subject to the condition laid
down under Section 482 (2) of the BNSS, 2023 and other
following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each
and every date fixed by the below, if so required
by the learned trial court.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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