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Patna High Court

Amarjit RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted as the allegations were vague, the petitioners have clean antecedents and are not absconding, subject to conditions under Section 482(2) of the BNSS.

Summary

The petitioners, members of the Ray family, feared arrest in a case registered under several sections of the Bihar Non‑Specific (BNS) Act, 2023, based on an FIR alleging that they assaulted an informant and his family on 14 November 2025 for not voting for a particular political party. They contended that they have clean antecedents, the allegations in the FIR are vague and non‑specific, and they are not absconders, having applied for anticipatory bail in March 2026. The State opposed the bail, but could not refute the claim that the charges were not specifically detailed. The Court, after considering the submissions, held that anticipatory bail should be granted because the allegations lack specificity and the petitioners are not likely to flee, subject to conditions under Section 482(2) of the BNSS. The Court ordered the petitioners to furnish bail bonds of Rs 10,000 each with two sureties and warned that the trial court may cancel the bail if they fail to cooperate with the investigation.

Issues considered

  • Whether anticipatory bail can be granted when the FIR contains vague and non‑specific allegations of assault
  • Whether the petitioners are deemed absconders or likely to evade the law
  • Whether the application of Section 82 CrPC by the police affects the grant of anticipatory bail
  • Whether the conditions under Section 482(2) of the BNSS justify the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • FIR specificity
  • clean antecedent
  • political violence
  • Section 82 CrPC
  • Section 482 BNSS
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18311 of 2026
                       Arising Out of PS. Case No.-1103 Year-2025 Thana- SONEPUR District- Saran
                 ======================================================
           1.     Amarjit Ray S/O Dhanraj Ray Resident of village- Kalyanpur, P.S.-Sonpur /
                  Sonepur, District.- Saran at Chapra.
           2.    Daroga Ray S/O Dhanraj Ray Resident of village- Kalyanpur, P.S.-Sonpur /
                 Sonepur, District.- Saran at Chapra.
           3.    Biresh Ray S/O Dhanraj Ray Resident of village- Kalyanpur, P.S.-Sonpur /
                 Sonepur, District.- Saran at Chapra.
           4.    Bala Kumar @ Balajit Kumar Son of Amarjit Ray Resident of village-
                 Kalyanpur, P.S.-Sonpur / Sonepur, District.- Saran at Chapra.
           5.    Bhushan Kumar Ray S/O Daroga Ray Resident of village- Kalyanpur, P.S.-
                 Sonpur / Sonepur, District.- Saran at Chapra.
           6.    Golu Kumar Ray @ Golu Kura S/O Daroga Ray. Resident of village-
                 Kalyanpur, P.S.-Sonpur / Sonepur, District.- Saran at Chapra.
           7.    Kalu Kumar @ Dhiraj Kumar @ Dhajaj Kumar S/O Hawaldar Ray Resident
                 of village- Kalyanpur, P.S.-Sonpur / Sonepur, District.- Saran at Chapra.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajit Kumar Singh
                 For the Opposite Party/s :       Mr. Mohammed Arif
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-05-2026                  1. Heard learned counsel for the petitioners, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the informant.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 109, 352, 351(2), 3(5) of the BNS, 2023.

                                3. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.18311 of 2026(2) dt.13-05-2026
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          petitioners are persons with clean antecedent and the informant

          alleges that accused persons including the petitioners came

          variously armed on 14.11.2025 at 7 P.M. and assaulted him

          causing injury on head and body, further his brother also

          suffered injury on head, while his family members were also

          assaulted as detailed in the FIR, next alleges that accused

          assaulted them as they did not vote for a particular political

          party of their choice.

                       4. Learned counsel for the petitioners submits that

          petitioners have 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 on

          account of dispute relating to voting to a particular political

          party, the occurrence is alleged to have taken place. It is further

          submitted that allegation of assault is not specific rather is

          general and omnibus in nature and petitioners are persons with

          clean antecedent and are not criminals. It is next submitted that

          no doubt allegation is of assaulting the informant and his brother

          but then the injury suffered by them is simple in nature. It is

          reiterated and submitted that allegation of assault is not specific.

          It is further submitted that petitioners are not absconders rather

          were availing their remedy available in law and had approached
Patna High Court CR. MISC. No.18311 of 2026(2) dt.13-05-2026
                                            3/4




          this court in the month of March, 2026 but then the case was not

          taken up and police in a mechanical manner applied for seeking

          process under section 82 Cr.P.C. which was granted by the court

          by an order dated 18.04.2026. It is thus submitted that if

          petitioners had moved this court seeking anticipatory bail can it

          be said that they were absconding or trying to evade the law. It

          is also submitted that if privilege of anticipatory bail is granted,

          the petitioners will not abscond rather will cooperate in the

          investigation to prove their innocence.

                       5. Learned A.P.P. for the State and the        learned

          counsel appearing on behalf of the informant opposes the

          anticipatory bail application of the petitioners but then are not in

          a position to rebut the submission of the learned counsel

          appearing on behalf of the petitioners that allegation of assault is

          not specific, petitioners are not criminals and are persons with

          clean antecedent.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender within a period of six weeks

          from today, be released on anticipatory bail on furnishing bail

          bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two

          sureties of the like amount each to the satisfaction of the learned
             Patna High Court CR. MISC. No.18311 of 2026(2) dt.13-05-2026
                                                         4/4




                       trial court where the case is pending/successor court in

                       connection with Sonepur P.S. Case No.1103/2025, subject to

                       the conditions as laid down under Section 482 (2) of the BNSS.

                                    7. However, it is made clear that in the event if the

                       Investigating Officer of the case files an application before the

                       learned Trial Court bringing to its notice that petitioners despite

                       giving assurance to this Court are not co-operating in the

                       investigation, in that event the learned Trial Court shall be at

                       liberty to cancel the bail bonds of the petitioners.



                                                           (Satyavrat Verma, J)
amit/-

U        T


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