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Patna High Court

Ram Ekwal RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail may be granted despite the non‑bailable nature of the offences, subject to a bond, sureties and verification of criminal antecedent under Section 482(2) of the Bihar Negotiable Securities Act, 2023.

Summary

The petitioners, a group of relatives from Harauli village, sought bail after being implicated in a violent incident alleged to have occurred on 6 April 2025, where an informant was assaulted while harvesting paddy. They were charged under Sections 191(2), 126(2), 115(2), 303(2), 352 and 351(2) of the Bihar Negotiable Securities Act, 2023, and argued that the allegations were generic, that a counter‑case and a pending land‑title suit existed, and that they had previously been granted the benefit of Section 35(3) of the same Act. The State opposed bail, citing the non‑bailable nature of the offences. The Court observed that a free fight had taken place, the title suit and counter‑case were pending, and the petitioners had indeed received the Section 35(3) benefit before the chargesheet was filed. Accordingly, the Court ordered bail on the condition of a Rs 10,000 bond per petitioner, two sureties, and verification of any concealed criminal antecedent, with cancellation possible if concealment is discovered. The bail order was made subject to the provisions of Section 482(2) of the Act.

Issues considered

  • Whether bail can be granted in a case involving non‑bailable offences under the Bihar Negotiable Securities Act, 2023.
  • Whether the prior benefit of Section 35(3) of the Act influences the grant of bail.
  • Whether the existence of a counter‑case and a pending land‑title suit precludes bail.
  • Whether the court may condition bail on verification of the petitioners’ criminal antecedent.

Subjects

  • bail
  • non‑bailable offences
  • Section 35(3) benefit
  • land dispute
  • counter case
  • criminal antecedent verification
  • Section 482(2)
  • Bihar law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25691 of 2026
                        Arising Out of PS. Case No.-75 Year-2025 Thana- JALE District- Darbhanga
                 ======================================================
           1.     Ram Ekwal Ray S/O Late Harinand Ray @ Hari Ray Resident of Village-
                  Harauli, Ward No.18, P.S.- Jalley, Dist- Darbhanga
           2.    Krishnadev Ray @ Kishundev Ray S/O Late Harinand Ray @ Hari Ray
                 Resident of Village- Harauli, Ward No.18, P.S.- Jalley, Dist- Darbhanga
           3.    Ram Hirday Ray S/O Late Harinand Ray @ Hari Ray Resident of Village-
                 Harauli, Ward No.18, P.S.- Jalley, Dist- Darbhanga
           4.    Geeta Devi W/O Manish Ray Resident of Village- Harauli, Ward No.18,
                 P.S.- Jalley, Dist- Darbhanga
           5.    Sushil Ray S/O Ram Ekwal Ray Resident of Village- Harauli, Ward No.18,
                 P.S.- Jalley, Dist- Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Saurav Anand, Advocate
                 For the Opposite Party/s :       Mr. Bhanu Pratap Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   22-04-2026                  Heard the learned counsel for the petitioners and the

                   learned A.P.P. appearing for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Jalley P.S. Case No.75 of 2025, for allegedly having

                   committed offences under Sections 191(2), 126(2), 115(2), 303(2),

                   352 and 351(2) of the B.N.S., 2023.

                                3. As per the prosecution story, which has been lodged

                   on the basis of the written report submitted by the informant, to the

                   effect that on 06.04.2025 at 06:30 p.m., he was harvesting paddy

                   in his field, in the meantime, all the accused persons came there
Patna High Court CR. MISC. No.25691 of 2026(2) dt.22-04-2026
                                            2/3




          and started assaulting him. It is further alleged that one of the

          accused persons was carrying an iron rod in his hand and the

          informant was assaulted on his head by the said iron rod, due to

          which, he suffered injuries.

                       4. The learned counsel for the petitioners submits that

          the petitioners are innocent and there is general and omnibus

          allegation against all the 17 accused persons. He further submits

          that for the same occurrence, a counter case has been lodged by

          the daughter-in-law of the petitioner no.3, bearing Jalley P.S. Case

          No.82 of 2025. It is further submitted that there is land dispute in

          between the parties for which a title suit, being Title Suit No.497

          of 2024, is pending in the court of the learned Sub-Judge, VII,

          Darbhanga. He further submits that during course of investigation,

          the benefit of Section 35(3) of the B.N.S.S. was given to the

          petitioners, but later on, chargesheet was submitted under non-

          bailable sections and therefore, the present petition has been filed.

          It is lastly submitted that the petitioners are persons with clean

          antecedent.

                       5. The learned A.P.P. for the State opposes the prayer for

          bail of the petitioners.

                       6. Having heard the learned counsel for the parties and

          after going through the records, it appears that there was a free

          fight in between the parties, for which case and counter case have
               Patna High Court CR. MISC. No.25691 of 2026(2) dt.22-04-2026
                                                           3/3




                         been lodged. A title suit is also pending in between the parties in

                         the court of the learned Sub-Judge, VII, Darbhanga and the

                         petitioners were given the benefit of Section 35(3) of the B.N.S.S.,

                         prior to submission of the chargesheet.

                                      7. Taking into consideration the facts aforesaid, let the

                         petitioners, above-named, in the event of their arrest or surrender

                         within a period of six weeks, be released on bail on furnishing bail

                         bonds of Rs.10,000/- (Rupees Ten Thousand) each with two

                         sureties of the like amount each to the satisfaction of the learned

                         A.C.J.M.-I, Darbhanga in connection with Jalley P.S. Case No.75

                         of 2025, subject to the conditions laid down under Section 482(2)

                         of the B.N.S.S. with a further condition that:-

                                      The learned court concerned shall verify the criminal

                         antecedent of the petitioners and in case at any stage it is found

                         that the petitioners have concealed their criminal antecedent, the

                         court concerned shall take steps for cancellation of bail bonds of

                         the petitioners. However, the acceptance of bail bond in terms of

                         the above-mentioned order shall not be delayed for purpose of or

                         in the name of verification.


                                                     (Ritesh Kumar, J.)

Sanjay/-

U          T


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