Patna High Court

Birendra Ray @ Virendra RayversusThe State of Bihar

Decided: 2 April 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The court granted anticipatory bail to the petitioner subject to bond and surety conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Birendra Ray, sought anticipatory bail fearing arrest in a case registered under multiple sections of the B.N.S., 2023, alleging that the informant falsely implicated him for allegedly assaulting the informant while cutting a banana tree. The petitioner claimed a clean antecedent, ownership of the orchard, and that any injury caused was simple, not grievous. The State opposed the bail, arguing the seriousness of the alleged offences. The court examined the nature of the allegations, the petitioner’s background, and the applicability of Section 482(2) of the B.N.S.S. for granting bail. It ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the conditions stipulated by the trial court.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the provisions of the B.N.S., 2023 and Section 482(2).
Whether the alleged injury constitutes a grievous hurt warranting denial of bail.
Whether the petitioner’s clean antecedent and claim of false implication justify bail.

Legislation cited

B.N.S., 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 482(2)

Subjects

anticipatory bail
false implication
clean antecedent
injury classification
B.N.S. 2023
Section 482
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18758 of 2026
                   Arising Out of PS. Case No.-219 Year-2025 Thana- WARISNAGAR District- Samastipur
                 ======================================================
                 Birendra Ray @ Virendra Ray Son of Suttu Ray Resident of Village-
                 Maniyarpur, P.S.- Warishnagar, District- Samastipur
                                                                            ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Surya Narayan Roy, Adv.
                 For the Opposite Party/s :       Mr. Shailendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

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

                   115(2), 118(1), 109, 303(2), 352, 351(2), 3(5) of the B.N.S.,

                   2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that petitioner along with others were cutting banana tree

                   in the orchard of informant, on objection, the petitioner

                   assaulted him by dabiya causing injury on head on order of

                   Suttu and took out Rs.20,000/-.

                                4. Learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case by the

                   informant. It is next submitted that the orchard belongs to the

                   petitioner. It is also submitted that no doubt allegation is of
           Patna High Court CR. MISC. No.18758 of 2026(2) dt.02-04-2026
                                                       2/2




                     assaulting the informant by dabiya causing injury on head but

                     then the blow is not alleged to have been repeated and the injury

                     also appears to be simple for the reason that the order impugned

                     though records about the injury but does not disclose the nature

                     of injury i.e. whether it is simple or grievous. It is thus

                     submitted that had the injury been grievous in that event the

                     same would have been recorded in the order impugned. It is also

                     submitted that petitioner is not a criminal.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail of the petitioner.

                                  6. Considering the submissions made by the learned

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

                     event of his 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) with two sureties

                     of the like amount each to the satisfaction of the learned trial

                     court where the case is pending/successor court in connection

                     with Warishnagar P.S. Case No.219/2025, subject to the

                     conditions as laid down under Section 482(2) B.N.S.S.



                                               (Satyavrat Verma, J)
amit/-
U      T

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