Patna High Court

Sunil Ray @ Sunil KumarversusThe State of Bihar

Decided: 22 April 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to the conditions stipulated under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

Sunil Ray sought anticipatory bail fearing arrest in a case (Panapur PS Case No.311 of 2025) filed under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023, alleging assault with weapons and damage to property. The prosecution alleged that Ray and co‑accused attacked an informant and his family, causing injuries and destroying a tractor. Ray contended he was falsely implicated, that the charges were vague, and highlighted that co‑accused had already been granted anticipatory bail and that he had a clean antecedent and would cooperate with the investigation. The State opposed the bail. Considering the nature of the allegations, Ray’s clean record, and the precedent of bail to co‑accused, the Court granted anticipatory bail subject to a Rs 10,000 bond, two sureties, and compliance with Section 482(2) of the Act.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023
Whether the allegations against the petitioner are specific enough to deny bail
Whether the petitioner’s clean antecedent and the grant of bail to co‑accused warrant the issuance of anticipatory bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 324(2), 3(5), 351(2), 352, 482(2)

Subjects

anticipatory bail
criminal law
assault
clean antecedent
Section 482
Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26162 of 2026

                        Arising Out of PS. Case No.-311 Year-2025 Thana- PANAPUR District- Saran
                 ======================================================
                 Sunil Ray @ Sunil Kumar Son of Manshi Roy, Resident of vill - Bijauli
                 (Bijili), 37, Ps- Panapur, Dist- Saran.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar.
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ram Sandesh Roy, Advocate.
                 For the Opposite Party/s :        Mr. Sanjay Kumar Tiwary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   22-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Panapur P.S. Case No.311 of 2025 instituted under

                   Sections 126(2), 115(2), 118(1), 109(1), 324(2), 351(2), 352,

                   3(5) of the B.N.S., 2023.

                                3. As per the prosecution case, petitioners and other

                   co-accused persons armed with lathi, danda, rod, bhala and

                   farsa assaulted the informant and his family members causing a

                   number of injuries to them. It is alleged that they also damaged

                   the tractor of informant.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in this

                   case. He further submits that there is no specific allegation of
Patna High Court CR. MISC. No.26162 of 2026(2) dt.22-04-2026
                                            2/3




          assaulted the petitioner rather the same are general and omnibus

          in nature. Learned counsel submits that for the same incident

          there is case and counter case between the parties and both the

          parties have received injuries. He further submits that similarly

          situated co-accused persons have been granted anticipatory bail

          by the Co-ordinate Bench of this Court vide orders dated

          26.02.2026 & 06.04.2026 passed in Cr. Misc. Nos.11776 of

          2026 & 16370 of 2026. Learned counsel submits that petitioner

          has got clean antecedent and he undertakes to cooperate in the

          investigation and trial of the case.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail.

                       6. Considering the facts and circumstances of the

          case, submissions of learned counsel for the parties and the

          nature of allegation leveled against the petitioner as well as his

          clean antecedent and also the fact that co-accused persons have

          already been granted bail, in the event of arrest or surrender

          before the Court below within six weeks from today, the

          petitioner be released on bail upon furnishing bail bonds of

          Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount to each to the satisfaction of the learned J.M. 1st Class,

          Saran, Chapra/ concerned Court in connection with Panapur P.S.
            Patna High Court CR. MISC. No.26162 of 2026(2) dt.22-04-2026
                                                        3/3




                      Case No.311 of 2025, subject to the conditions laid down in

                      Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                      2023.



                                              (Sunil Dutta Mishra, J)
Ritik/-
U       T

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