Patna High Court
Lalu Ray @ Santosh RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail should be granted as the petitioner’s claim of false implication and lack of compelling prosecution evidence warranted release on condition of bail.
Summary
The petitioner, Lalu Ray, was arrested in connection with PS Case No. 804 of 2025 for alleged assault causing simple injury and was charged under multiple sections of the Bharatiya Nyaya Sanhita. He contended that the allegations were false, fabricated, and stemmed from a land dispute with the complainant. The State opposed the petition for regular bail, arguing the seriousness of the offences. The Court examined the facts, the nature of the charges, and the petitioner's claim of innocence. Considering the circumstances, the Court ordered the release of the petitioner on bail upon furnishing a bail bond of Rs. 10,000 with two sureties of equal amount, subject to the satisfaction of the Judicial Magistrate, 1st Class, Saran. The order reflects the Court's discretion to grant bail where the prosecution has not demonstrated a compelling reason to deny it.
Issues considered
- Whether bail should be granted to the petitioner despite the multiple serious charges under the Bharatiya Nyaya Sanhita
- Whether the allegations against the petitioner are false and arise from a land dispute, justifying bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 351(2)(3), 352
Subjects
- bail
- criminal procedure
- false implication
- land dispute
- assault
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2514 of 2026
Arising Out of PS. Case No.-804 Year-2025 Thana- GARKHA District- Saran
======================================================
Lalu Ray @ Santosh Ray S/o Brijnandan Ray R/o Village - Narayanpur, P.S -
Garkha, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Danish Raja, Advocate
For the State : Mr.Jagdhar Prasad, APP
For the Informant : Mr. Bishwa Nath Mahto, Advocate
Mr. Ranvijay Kumar, Advocate
Mr. Dhananjay Kumar Gupta, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 25-03-2026 Heard learned counsel for the petitioner; learned APP
for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with Garkha
P.S. Case No. 804 of 2025 registered for the offence punishable
under Sections 126(2), 115(2), 117(2), 118(1), 109, 303(2), 352,
351(2)(3) and 3(5) of the Bharatiya Nyaya Sanhita.
3. The petitioner is said to have assaulted one
Upendra Ray causing simple injury.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The allegation levelled against the petitioner is false and
fabricated. There is land dispute between the parties also.
Patna High Court CR. MISC. No.2514 of 2026(3) dt.25-03-2026
2/2
5. Learned APP appearing for the State opposes the
prayer for regular bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and submissions of learned counsel for the parties,
let the petitioner, above named, be released on bail on furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties of
the like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Saran at Chapra in connection with Garkha
P.S. Case No. 804 of 2025.
(Sandeep Kumar, J)
P. Kumar
U T
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