Created by Fuzzy Cloud

Patna High Court

Rambabu Ray @ Rambaboo RayversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
           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
                                            2/3




          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
              Patna High Court CR. MISC. No.26201 of 2026(2) dt.22-04-2026
                                                          3/3




                        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/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.