Patna High Court
Umesh RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court allowed the petition for anticipatory bail, subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Umesh Ray, sought anticipatory bail fearing arrest in a criminal case (PS No. 488 of 2025) involving offences under Sections 191(2), 190, 262, 263, 121(1) and 132 of the Bharitya Nagrik Suraksha Sanhita. The prosecution alleged that the petitioner was part of a mob that assaulted police officers after they attempted to apprehend Ashok Rai, who later fled. The petitioner contended that the allegations were vague, he is a heart‑patient incapable of such acts, and that a local chowkidar had falsely implicated him; he also pointed out the absence of any injury report and his exoneration in two other cases. The State opposed the anticipatory bail. The court, after considering the nature of the allegations and the petitioner’s circumstances, granted anticipatory bail on the condition of a bail bond of Rs.10,000 with two sureties and subject to the conditions of Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious charges under the B.N.S.S.
- Whether the allegations against the petitioner constitute sufficient ground to deny bail
- Whether Section 482(2) of the B.N.S.S. permits the grant of anticipatory bail in this case
Legislation cited
- Bharitya Nagrik Suraksha Sanhita — s. 121(1), 132, 190, 191(2), 262, 263, 482(2)
Subjects
- anticipatory bail
- false implication
- assault on police
- health condition
- Section 482
- Bharitya Nagrik Suraksha Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17636 of 2026
Arising Out of PS. Case No.-488 Year-2025 Thana- DIGHWARA District- Saran
======================================================
Umesh Ray S/o Bhawan Ray @ Bhagwan Ray R/o Village - Tarwan, P.S -
Dighwara, District - Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Avinash Kumar Pandey, Adv
For the Opposite Party/s : Mr.Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 18-05-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in
connection with Dighwara P.S. Case No. 488 of 2025 registered
for the offences punishable under Sections 191(2), 190, 262,
263, 121(1), 132 of B.N.S.
3. As per the prosecution case, the informant along
with police force reached the place of occurrence on information
that Ashok Rai, who was accused in the Dighwara P.S. Case No.
547 of 2025 was present there. It has been alleged that after
seeing the police, the said Ashok Rai tried to flee away in the
car and upon chase by police, he stopped his car near a village
and called several co-villagers who assaulted the informant and
his police team and inflicted them with injuries, while Ashok
Patna High Court CR. MISC. No.17636 of 2026(4) dt.18-05-2026
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Rai managed to flee away.
4. Learned counsel for the petitioner has submitted
that there is general and omnibus allegation against the
petitioner. It has further been submitted that petitioner is a heart
patient and is not capable of engaging himself in such
allegation, while he has been made victim of circumstances and
the local chowkidar with whom the petitioner is on enemical
terms has falsely implicated the petitioner. It has further been
submitted that there is no injury report of any of the injured
persons on record so as to substantiate the allegation of assault.
It has further been submitted that although petitioner was
accused in two other cases, but the police after thorough
investigation has submitted final form exonerating the petitioner
in those cases.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as well as the nature of allegation against the
petitioner, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.17636 of 2026(4) dt.18-05-2026
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amount each to the satisfaction of the learned court concerned,
in connection with Dighwara P.S. Case No. 488 of 2025, subject
to the conditions as laid down under Section 482(2) of the
Bharitya Nagrik Suraksha Sanhita (B.N.S.S.)
7. This application stands allowed.
(Praveen Kumar, J)
niku/sahil-
U T
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