Patna High Court
Amarjit RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bihar Non‑Specific (BNSS) Act, 2023 — s. 482(2)
- Criminal Procedure Code — s. 82
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
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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
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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
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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
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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/-
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