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Patna High Court

Nitish Ray @ Nitish RaiversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

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

Summary

The petitioner, Nitish Ray, filed an anticipatory bail application fearing arrest in a case (Rivilganj PS Case No. 418 of 2025) alleging offences under Sections 126(2), 115(2), 109(1), 352 and 3(5) of the B.N.S.S. and Section 27 of the Arms Act. The prosecution alleges that the petitioner, armed with a lathi, danda and rifle, assaulted an informant and his family. The petitioner contended he was elsewhere (working in Gurgaon) at the time, presented biometric attendance records, and claimed no criminal antecedent. The State opposed bail. After hearing both sides, the Court decided to grant anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in view of the alleged offences under the B.N.S.S. and the Arms Act
  • Whether the evidence of alibi and lack of prior criminal record justify granting bail

Legislation cited

Subjects

  • anticipatory bail
  • B.N.S.S.
  • Arms Act
  • assault
  • section 482(2)
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21159 of 2026
                       Arising Out of PS. Case No.-418 Year-2025 Thana- RIVILGANJ District- Saran
                 ======================================================
                 Nitish Ray @ Nitish Rai S/O Ramesh Ray R/O Village- Ajaybganj, P.S-
                 Bhagwan Bazar, Distt.- Saran.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Raushan Raj, Advocate
                 For the Opposite Party/s :        Mr. Damodar Prasad Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   15-04-2026                         Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The instant application for anticipatory bail has

                   been filed by the petitioner apprehending his arrest in

                   connection with Rivilganj P.S. Case No. 418 of 2025 instituted

                   for the offence under Sections 126(2), 115(2), 109(1), 352 and

                   3(5) of BNS and Section 27 of the Arms Act.

                                3. The case of the prosecution is that the petitioner

                   along with others being armed with lathi, danda and rifle arrived

                   at the door of the informant and started assaulting the family

                   members of the informant along with the informant.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has falsely been implicated in this
Patna High Court CR. MISC. No.21159 of 2026(2) dt.15-04-2026
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          case. From perusal of the FIR, it is clear that there is general and

          omnibus allegation against the petitioner and others that they

          have assaulted the informant and his family members with lathi

          and danda. Learned counsel has submitted that petitioner is

          living outside the state for his livelihood and he is working in

          Simran Finisher and Annexure P/2 goes to show that on the date

          of occurrence, the petitioner was present in the said

          establishment. The biometric attendance also shows that he was

          not present at the place of occurrence rather he was at Gurgaon.

          Moreover, there is also a counter version of this case and from

          perusal of the injury report, it will transpire that the victims of

          this case have received simple injuries caused by hard and blunt

          substance. A statement has been made in para-3 of this petition

          that the petitioner has got no criminal antecedent.

                       5. In contra, learned APP appearing for the State has

          opposed the prayer of bail of the petitioner.

                       6. Having heard learned counsel for the parties and in

          the facts and circumstances of the case as stated above, this

          Court is inclined to enlarge the petitioner on bail. The petitioner

          is directed to surrender in the Court below within a period of

          four weeks from today and in the event of his arrest or surrender

          in connection with Rivilganj P.S. Case No. 418 of 2025, he will
            Patna High Court CR. MISC. No.21159 of 2026(2) dt.15-04-2026
                                                        3/3




                      be enlarged on bail on furnishing bail bond of Rs. 10,000/-

                      (Rupees ten thousand) with two sureties of the like amount each

                      to the satisfaction of learned J.M. 1st Class, Saran at Chapra

                      subject to the conditions as laid down under section 482(2) of

                      B.N.S.S.



                                             (Ashok Kumar Pandey, J)
Shubham/-

U     T


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