Patna High Court
Mukesh RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, finding sufficient grounds to suspect false implication and procedural irregularities.
Summary
Mukesh Ray sought anticipatory bail after being implicated in a criminal case (Motipur P.S. Case No. 428/2024) alleging assault under Sections 115(2), 191(2), 191(3), 109 and 352 of the B.N.S. The prosecution claimed that Ray and others attacked an informant with weapons on 03‑12‑2024. Ray contended that the FIR was false, filed as a retaliatory measure for an earlier FIR (Case No. 410/2024) in which his brother was shot, and highlighted inconsistencies in the injury report and an unexplained delay in filing the FIR. The court noted the delay, the contradictory injury report dates, and the prior FIR filed by Ray’s side, and consequently decided to grant anticipatory bail. The bail was conditioned on a Rs.10,000 bond with two sureties and compliance with Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the FIR alleging assault under multiple sections of the B.N.S.
- Whether the delay in lodging the FIR and inconsistencies in the injury report justify granting anticipatory bail
Legislation cited
Subjects
- anticipatory bail
- false implication
- FIR delay
- assault
- Section 482
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18569 of 2026
Arising Out of PS. Case No.-428 Year-2024 Thana- MOTIPUR District- Muzaffarpur
======================================================
Mukesh Ray S/O Late Murli Ray R/O Village- Purani Bazaar, P.O and P.S-
Motipur, Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar
For the Opposite Party/s : Mr.Uma Shankar Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 08-04-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection with
Motipur P.S. Case No. 428 / 2024 dated 15.12.2024 registered
under Sections 115(2), 191(2), 191(3), 109, 352 of the B.N.S.
3. As per the prosecution case on 03.12.2024 at about 7:30
A.M. in the morning the informant along with his son and
nephew were working in the field, in the meanwhile, the
petitioner and other accused persons having weapons in their
hands arrived there and started assaulting the informant and his
family members. It has further been alleged that petitioner along
with Tuntun Ray assaulted the informant with weapons in their
hands on the head, thigh and hand.
4. Learned counsel for the petitioner submits that petitioner
has falsely been implicated in this case as a counter blast to the
Patna High Court CR. MISC. No.18569 of 2026(2) dt.08-04-2026
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case lodged by side of the petitioner against the informant and
others bearing Motipur P.S. Case No. 410 / 2024 dated
03.12.2024 alleging therein that brother of the petitioner was
shot at by the informant. The F.I.R. lodged by the petitioner’s
side is prior in time to the present F.I.R. The present F.I.R. has
been lodged on 15.12.2024 whereas the occurrence has taken
place on 03.12.2024 and fardbyan was allegedly recorded by the
police on 06.12.2024. Referring to the injury report, learned
counsel submits that Annexure-3 is the injury report of the
brother of petitioner, who has received gun shot injury near the
left shoulder and the nature of the injury is grievous whereas the
injury report of the informant appears to be fabricated inasmuch
as according to the F.I.R. occurrence has taken place on
03.12.2024 at about 7:30 A.M. whereas the date of assault in
the injury report of the informant is 04.12.2024 and time of
assault is 7:00 A.M.
5. Regard being had to the submission made by the parties,
taking into consideration the fact that there is unexplained delay
in lodging the F.I.R., injury report of the informant suggests that
assault was made on 04.12.2024 whereas in the F.I.R. the date
of occurrence is 03.12.2024 and the F.I.R. lodged by side of
petitioner against the informant is prior in time , accordingly, I
Patna High Court CR. MISC. No.18569 of 2026(2) dt.08-04-2026
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am inclined to grant anticipatory bail to the petitioner.
6. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of Ms.
Jyoti Kumari, Court No. 08 Judicial Magistrate Ist Class West
Muzaffarpur in connection with Motipur P.S. Case No. 428 /
2024 subject to the condition as laid down under Section 482
(2) of the B.N.S.S.
(Anil Kumar Sinha, J)
praful/-
U T
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