Patna High Court
Nitish Ray @ Nitish RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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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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