Patna High Court
Ranjan Ray @ Ranjan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that anticipatory bail could not be granted to the primary accused (petitioners 1 and 2) but could be extended to the other petitioners subject to the conditions prescribed in Section 438(2) of the Criminal Procedure Code.
Summary
The petitioners sought anticipatory bail in connection with FIR No. 134/25 alleging assault under various sections of the B.N.S. The court considered the application of petitioners 1 (Ranjan Ray) and 2 (Lalan Ray) and, after hearing counsel, rejected their anticipatory bail pleas. The petitioners argued that the FIR was exaggerated and that three of the accused were women willing to cooperate with the investigation. The State opposed the withdrawal, emphasizing the seriousness of the allegations against the primary accused. Consequently, the court denied anticipatory bail to petitioners 1 and 2 but granted bail to petitioners 3‑7 (Dhramshila Devi, Lalita Devi, Niraj Ray, Rina Devi, and Lakshman Ray) subject to conditions under Section 438(2) of the Cr.P.C.
Issues considered
- Whether anticipatory bail should be granted to petitioners 1 and 2 under Section 438 Cr.P.C.
- Whether bail can be extended to the remaining petitioners despite the FIR allegations
- What conditions are appropriate under Section 438(2) for granting bail
Legislation cited
Subjects
- anticipatory bail
- Section 438 CrPC
- bail conditions
- assault
- FIR
- Criminal Procedure Code
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17455 of 2026
Arising Out of PS. Case No.-134 Year-2025 Thana- SIWAIPATTI District- Muzaffarpur
======================================================
1. Ranjan Ray @ Ranjan Kumar Son of Lakshman Ray Resident of Village-
Harsher PS -Siwaipatti District -Muzaffarpur
2. Lalan Ray Son of Lakshman Ray Resident of Village- Harsher PS
-Siwaipatti District -Muzaffarpur
3. Dhramshila Devi Wife of Lakshman Ray Resident of Village- Harsher PS
-Siwaipatti District -Muzaffarpur
4. Lalita Devi Wife of Niraj Ray @ Niraj Kumar Resident of Village- Harsher
PS -Siwaipatti District -Muzaffarpur
5. Niraj Ray @ Niraj Kumar son of Lakshman Ray Resident of Village-
Harsher PS -Siwaipatti District -Muzaffarpur
6. Rina Devi @ Renu Devi wife of Ranjan Ray @ Ranjan Kumar Resident of
Village- Harsher PS -Siwaipatti District -Muzaffarpur
7. Lakshman Ray son of Maujelal Ray @Mauje Ray Resident of Village-
Harsher PS -Siwaipatti District -Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Ranjan, Advocate
For the Opposite Party/s : Ms.Renuka Ratnakar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 25-03-2026 At the outset, learned counsel for the petitioners prays
for withdrawal of the anticipatory bail application of petitioner
no.1, Ranjan Ray @ Ranjan Kumar and the petitioner no.02,
Lalan Ray.
2. Prayer is allowed.
3. The anticipatory bail application of petitioner no.1,
Ranjan Ray @ Ranjan Kumar and the petitioner no.02, Lalan
Patna High Court CR. MISC. No.17455 of 2026(2) dt.25-03-2026
2/5
Ray stand rejected.
4. If the petitioners surrender within a period of four
weeks from today, the Court concerned shall take up the matter
and dispose it of preferably on the same day.
5. Heard Mr.Ravi Ranjan, learned counsel for the
petitioners and the State.
6. The petitioner is apprehending arrest in connection
with Siwalpatti P.S. Case No: 134/25 U/S-126(2), 303(2),
115(2), 109(1), 117(2), 118(1), 352, 351(2), 3(5) of B.N.S
lodged on 31.07.2025 by the informant, Vikash Kumar.
7. As per the prosecution story, the informant alleged
that on the question of flowing of rain water, a dispute arose
between the neighbours which resulted into alleged act and the
allegation is that Ranjan Roy gave sword blow causing injury on
the finger of the informant as also hit his father, Prem Lal Roy
on the head again causing injury. Allegation against Lalan Roy
is of giving blow on the head of his father which ultimately
received injury above his eyes on the eye-brows. Rest of the
accused persons also resorted to assault which led to the FIR.
8. Learned counsel for the petitioners submit that
perusal of the FIR would show that only to exaggerate it, the
entire family members including the female inmate have been
Patna High Court CR. MISC. No.17455 of 2026(2) dt.25-03-2026
3/5
roped in the case. Further, there is case and counter case also
with regard to the said scuffle/assault. Three of the petitioners
are ladies and ready to abide by the terms and conditions.
9. Learned APP opposes the prayer submitting that
though there is specific allegation against Ranjay Roy and
Lalan Roy, others role cannot be ignored.
10. Considering the aforesaid submissions of the
parties as also that main allegation is against Ranjay Roy and
Lalan Roy, three of them are ladies as recorded above, in that
background, this Court is inclined to extend him the privilege
of anticipatory bail.
11. Let the petitioner nos. 03 to 07 namely
Dhramshila Devi, Lalita Devi, Niraj Ray @ Niraj Kumar, Rina
Devi @ Renu Devi and Lakshman Ray be released on bail, in the
event of their arrest or surrender before the concerned court
within a period of four weeks from the receipt of this order, on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each in connection with
Siwalpatti P.S. Case No: 134/25 to the satisfaction of learned
Sub-Divisional Judicial Magistrate, Muzaffarpur (East) subject
to the conditions as laid down under Section 438(2) of the
Cr.P.C. as also the other conditions.
Patna High Court CR. MISC. No.17455 of 2026(2) dt.25-03-2026
4/5
(i) one of the bailor should be the family
member/relative of the petitioner nos. 03 to 07 namely
Dhramshila Devi, Lalita Devi, Niraj Ray @ Niraj Kumar, Rina
Devi @ Renu Devi and Lakshman Ray who shall provide
official document (Aadhar Card/Driving License/Voter ID/Pan
Card etc.) to show his/her bona fide;
(ii) the petitioner nos. 03 to 07 namely Dhramshila
Devi, Lalita Devi, Niraj Ray @ Niraj Kumar, Rina Devi @
Renu Devi and Lakshman Ray shall be appearing before the
police station as and when required for cooperating in the
investigation;
(iii) the petitioner nos. 03 to 07 namely Dhramshila
Devi, Lalita Devi, Niraj Ray @ Niraj Kumar, Rina Devi @
Renu Devi and Lakshman Ray shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of their bail bond by the Trial Court itself;
(iv) the petitioner nos. 03 to 07 namely Dhramshila
Devi, Lalita Devi, Niraj Ray @ Niraj Kumar, Rina Devi @
Renu Devi and Lakshman Ray shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
Patna High Court CR. MISC. No.17455 of 2026(2) dt.25-03-2026
5/5
cancellation of the bail bonds;
(v) the petitioner nos. 03 to 07 namely Dhramshila
Devi, Lalita Devi, Niraj Ray @ Niraj Kumar, Rina Devi @
Renu Devi and Lakshman Ray shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
Checking your session…