Patna High Court
Rambabu Ray @ Rambaboo RayversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
Anticipatory bail was granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, members of the Ray family, sought anticipatory bail fearing arrest in a criminal case (PS Case No.39 of 2025) filed under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023, alleging assault, robbery and grievous injuries to an informant’s family. The prosecution alleged that the petitioners, armed with weapons, attacked the informant’s household, stripped a woman of jewellery and caused severe injuries. The petitioners contended they were falsely implicated, asserting a land‑partition dispute as the motive and emphasizing their clean antecedent and willingness to cooperate with investigation. The State opposed the bail, arguing the seriousness of the offences. Considering the nature of the allegations, the petitioners’ clean record and the circumstances, the Court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite allegations of assault, robbery and grievous injury.
- Whether the petitioners’ clean antecedent and the nature of the dispute justify bail.
- Whether the petitioners pose a risk of fleeing, tampering with evidence or influencing witnesses.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2), 76
Subjects
- anticipatory bail
- criminal procedure
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- assault
- robbery
- land dispute
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26201 of 2026
Arising Out of PS. Case No.-39 Year-2025 Thana- RAJEPUR District- East Champaran
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1. Rambabu Ray @ Rambaboo Ray Son of Ram Ganesh Ray Resident of
Village -Hanuman Nagar PS- Rajepur District- East Champaran
2. Kundan Kumar son of Rambabu Ray @ Rambaboo Ray Resident of Village
-Hanuman Nagar PS- Rajepur District- East Champaran
3. Chandan Kumar @ Chandan Son of Rambabu Ray @ Rambaboo Ray
Resident of Village -Hanuman Nagar PS- Rajepur District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Karandeep Kumar, Advocate.
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 22-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Rajepur P.S. Case No.39 of 2025 instituted under Sections
126(2), 115(2), 109, 76, 303(2) 352, 351(2), 3(5) of the B.N.S.,
2023.
3. As per the prosecution case, when the informant
was cleaning the door of his old house with the help of his son
and daughter, in the meantime all the accused persons including
the petitioners having armed with various weapons came at his
door and started assaulting the informant and his family
Patna High Court CR. MISC. No.26201 of 2026(2) dt.22-04-2026
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members causing severe injuries to them. Petitioner no.2 torn
off the cloths of daughter of the informant. It is alleged that
accused persons took away the gold mangalsutra and earrings
worth Rs.30,000/- from her neck.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have been falsely implicated in this
case. He further submits that petitioner no.1 is son of the first
wife of informant and petitioner nos.2 & 3 are son of petitioner
no.1. Learned counsel submits that there is land dispute between
the parties with regard to partition of the land. He further
submits that due to petty dispute, scuffle took place between
both the parties, in which both the parties got injured. Learned
counsel submits that the injuries to the injured is simple in
nature. Learned counsel submits that petitioners have got clean
antecedent and they undertake 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 petitioners as well as
their clean antecedent, in the event of arrest or surrender before
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the Court below within six weeks from today, the petitioners be
released on bail upon furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount to each to the satisfaction of the learned Judicial
Magistrate, East Champaran at Motihari/ concerned Court in
connection with Rajepur P.S. Case No.39 of 2025, subject to the
conditions laid down in Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
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