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Patna High Court

Mukesh RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                           3/3




                         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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