Created by Fuzzy Cloud

Patna High Court

Rayji Kumar @ Ray Jee Kumar @ Nagendra RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                       3/3




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.