Patna High Court
Prabhunath RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, directing release on bail if arrested within six weeks, subject to bond and surety conditions under Section 482(2).
Summary
The petitioners, Prabhunath Ray and Brijkishor Ray, applied for anticipatory bail after being implicated in a FIR alleging multiple offences under the Bihar Negotiable Sale Act, 2023, stemming from a land dispute. They argued they have clean antecedents and that the allegations, especially against the first petitioner, are vague and based on the informant’s claim that the second petitioner gave orders to kill. The State opposed the bail, contending the seriousness of the offences. The court examined the FIR, the nature of the alleged offences, and the petitioners’ claim of false implication. Considering the lack of specific evidence against the first petitioner and the conditions set under Section 482(2), the court ordered that if arrested within six weeks, the petitioners be released on anticipatory bail upon furnishing bail bonds and sureties. The anticipatory bail application was therefore allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bihar Negotiable Sale Act, 2023 despite the serious nature of the alleged offences
- Whether the FIR provides sufficient specific allegation against the petitioners to deny anticipatory bail
- Whether the petitioners are likely to be false victims in a land‑dispute related case
Subjects
- anticipatory bail
- Section 482
- Bihar Negotiable Sale Act
- false implication
- land dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18851 of 2026
Arising Out of PS. Case No.-553 Year-2025 Thana- BANIAPUR District- Saran
======================================================
1. Prabhunath Ray S/o Late Munilal Ray Resident of Village- Lauwa Kala,
P.S.- Baniyapur, District- Saran at Chapra
2. Brijkishor Ray @ Brijkishor Yadav S/o Late Ram Janam Ray Resident of
Village- Lauwa Kala, P.S.- Baniyapur, District- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the Opposite Party/s : Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 118(1), 117(2), 109, 352, 351(2) and 3(5) of the BNS,
2023.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and the informant
alleges that on 15.12.2025 at 02:00 PM, all the named accused
persons including the petitioners along with 10 unknown
accused came on his land and started digging, on objection, Braj
Kishore gave orders to kill, hence all the accused started
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assaulting him and Sachin assaulted him by rod causing injury
on head and Deepak assaulted by rod causing fracture of hand,
while other accused assaulted his uncle and Karan fired and
threatened.
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 land, the occurrence is alleged to
have taken place. It is also submitted that no specific allegation
of assault is alleged against the petitioner no. 1, though,
petitioner no. 2 has been implicated with an allegation that he
was an order giver. It is also submitted that it is easy to
implicate a person alleging that based on his order, the
occurrence was committed. It is next submitted that even the
injury suffered by the injured has been opined to be simple in
nature. It is further submitted that petitioners are not criminals.
5. Learned A.P.P. for the State opposes the
anticipatory bail application of the petitioners.
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
Patna High Court CR. MISC. No.18851 of 2026(2) dt.06-04-2026
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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
trial court where the case is pending/successor court in
connection with Baniyapur P.S. Case No. 553 of 2025 subject to
the conditions as laid down under Section 482 (2) of the BNSS.
7. Accordingly, the instant anticipatory bail
application is allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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