Patna High Court
Akhilesh RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to petitioner No. 1, and the application for petitioner No. 2 was dismissed as withdrawn.
Summary
The petitioners, brothers Akhilesh Ray and Gudu Ray, filed an anticipatory bail application in a case registered under Sections 126(2), 115(2), 118(1), 303(2), 109, 117(2), 74, 352 and 3(5) of the Indian Penal Code for alleged assault with a Farsa. The petitioner sought bail on the ground of innocence, simple nature of injuries, and clean antecedents, while the State opposed the relief. During the hearing, the petitioner’s counsel requested withdrawal of the application for Gudu Ray, which the court permitted, dismissing that part as withdrawn. The court then examined the merits of Akhilesh Ray’s request, noting the minor injuries and his spotless record, and granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Criminal Procedure Code. The order directed that if arrested within eight weeks, the petitioner be released on bail, and the application was thereafter disposed of.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious offences alleged under the IPC.
- Whether the application for anticipatory bail can be withdrawn by the petitioner for one of the co‑petitioners.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 109, 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 352, 74
Subjects
- anticipatory bail
- assault
- false evidence
- clean antecedents
- bail bond
- Section 482
- criminal procedure
- withdrawal of application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21986 of 2026
Arising Out of PS. Case No.-612 Year-2025 Thana- BASANTPUR District- Siwan
======================================================
1. Akhilesh Ray S/o Sipahi Rai @ Sipahi Ray @ Sipahi Lal Resident of
Village - Khedwa, P.S. - Basantpur, District - Siwan
2. Gudu Ray @ Guddu Ray S/o Sipahi Rai @ Sipahi Ray @ Sipahi Lal
Resident of Village - Khedwa, P.S. - Basantpur, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Bijay Prakash Singh, Advocate
For the State : Mr. Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-04-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. After some arguments, learned counsel for the
petitioners seeks permission to withdraw this anticipatory bail
application with regard to Petitioner No. 2, namely Gudu Ray.
3. Permission, as prayed for, is accorded.
4. Accordingly, this anticipatory bail application with
regard to Petitioner No. 2 stands dismissed as withdrawn.
5. Petitioner No. 1 apprehends his arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 118(1), 303(2), 109, 117(2), 74, 352 and 3(5) of the
B.N.S..
Patna High Court CR. MISC. No.21986 of 2026(2) dt.15-04-2026
2/3
6. As per prosecution case, it is alleged that Petitioner
No. 1 assaulted informant with Farsa.
7. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Doctor has found the injuries, allegedly
caused by Petitioner No. 1, simple in nature. Petitioner claims
clean antecedents.
8. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
9. Considering the facts and circumstances of the
case, nature of injuries allegedly caused by Petitioner No. 1 and
clean antecedents of the petitioner, the prayer for grant of
anticipatory bail to Petitioner No. 1 is allowed.
10. Accordingly, in the event of arrest/surrender
within a period of eight weeks from today, let the above named
Petitioner No. 1 be enlarged on bail on furnishing bail-bond of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate 1st Class,
Siwan in connection with Basantpur P.S. Case No. 612 of 2025,
subject to condition as laid down under Section 482(2) of the
B.N.S.S..
Patna High Court CR. MISC. No.21986 of 2026(2) dt.15-04-2026
3/3
11. With the aforesaid directions, this application
stands disposed of.
(Prabhat Kumar Singh, J)
shashank/-
U T
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