Patna High Court

Ram Bahadur Ray @ Ray Bahadur @ Ray Bahadur RayversusThe State of Bihar

Decided: 23 April 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

Bail was granted to the petitioner subject to a bond and sureties.

Summary

The petitioner, Ram Bahadur Ray, was named in an FIR for alleged firing on an informant and others following a motorcycle accident on 09.01.2026, with charges under multiple sections of the Bihar Negotiable Sale and Settlement Act (BNSS). The petitioner’s counsel argued that no injuries were sustained, the allegations were implausible, and the case was filed out of personal enmity, also noting that the petitioner was already on bail in seven other criminal matters. The State opposed the bail application, contending the seriousness of the offences. The court examined the factual matrix, the lack of injury, and the possibility of a false case, and considered the provisions of Section 438(2) of the Criminal Procedure Code and Section 482(2) of the BNSS. It directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of the cited statutes. The order was pronounced by Justice Chandra Shekhar Jha.

Issues considered

Whether bail should be granted to the petitioner under Section 438(2) Cr.P.C. and Section 482(2) BNSS in view of the alleged offences and the factual circumstances.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

bail
Criminal Procedure Code
Section 438
Section 482
false case
enmity
FIR
criminal charges

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24098 of 2026
                    Arising Out of PS. Case No.-13 Year-2026 Thana- KALYANPUR District- Samastipur
                 ======================================================
                 Ram Bahadur Ray @ Ray Bahadur @ Ray Bahadur Ray S/o Jawahar Ray @
                 Jamahir Ray Resident of Village- Namapur Khedi @ Baghla, P.S.-
                 Chakmehsi, District- Samastipur
                                                                     ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Anish Kumar
                 For the Opposite Party/s :       Mr.Md. Fahimuddin
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   23-04-2026                   Heard the parties.

                                2. The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Kalyanpur P.S. Case

                   No. 13 of 2026 registered for the offences punishable under

                   Sections 126(2), 115(2), 109, 127(3), 191(2), 304(2), 352,

                   351(3) and 3(5) of the BNS.

                                3. As per FIR, petitioner alleged to open fired upon

                   informant and others along with 10 named co-accused persons

                   along with 5-6 unknown persons as some altercation due to

                   motorcycle accident took place between them on 09.01.2026.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that admittedly informant and his friends

                   not received any bullet injury during the occurrence, which makes

                   allegation unbelievable on its face for the reason that the

                   allegation of firing was raised against 10 persons including this
               Patna High Court CR. MISC. No.24098 of 2026(2) dt.23-04-2026
                                                           2/2




                         petitioner. It is submitted that on the basis of enmities, present

                         false case was lodged. While concluding arguments, it is

                         submitted that petitioner found involved in seven more criminal

                         case where he is on bail.

                                      5. Learned APP opposes the prayer of bail.

                                       6. In view of aforesaid factual submission and by

                         taking note of fact as admittedly this is not a case of injury in the

                         background of allegation of indiscriminate firing by seven persons

                         from close range, where implication prima-facie also appears

                         raised in the background of previous enmities, accordingly

                         petitioner above-named, in the event of his arrest or surrender

                         before the court below within a period of four weeks, is directed

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

                         (Rupees Ten Thousand) with two sureties of the like amount each

                         to the satisfaction of the learned CJM, Samastipur/concerned

                         Court, where the case is pending in connection with Kalyanpur

                         P.S. Case No. 13 of 2026, subject to the conditions as laid down

                         under Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS.


                                                            (Chandra Shekhar Jha, J)
S.Tripathi/-
U       T

Continue reading with your account

Checking your session…