Patna High Court
Vijay Kumar RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court held that bail should be granted to the petitioners subject to a bond and conditions under the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioners Vijay Kumar Ray and Ayush Kumar applied for bail fearing arrest in a case registered under sections 126(2), 127(2), 115(2), 109(1), 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for alleged assault, outrage of modesty and theft. The prosecution alleged that the accused entered the informant’s house, abused and assaulted him with lathi and danda, attempted to outrage the modesty of female members and stole money and jewellery. The petitioners contended they are innocent, are agnates of the informant, and the incident arose from a dispute over a common pathway, presenting clean antecedents. The State opposed the bail application. The Court, after applying the provisions of the Bharatiya Nagrik Suraksha Sanhita, 2023, ordered that the petitioners be released on bail upon furnishing a bond of ₹30,000 each, subject to conditions under Section 482(2).
Issues considered
- Whether bail should be granted to the accused in view of the alleged offences under the Bharatiya Nyaya Sanhita, 2023
- Whether the nature and seriousness of the alleged offences warrant denial of bail under the Bharatiya Nagrik Suraksha Sanhita, 2023
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 127(2), 303(2), 3(5)
Subjects
- bail
- criminal procedure
- assault
- outrage of modesty
- theft
- family dispute
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26909 of 2026
Arising Out of PS. Case No.-17 Year-2025 Thana- UDAKISHUNGANJ District- Madhepura
======================================================
1. Vijay Kumar Ray S/o- Late Surendra Ray R/v- Laxmipur, W.No-26, Uda
Kishunganj Ps- Uda Kishunganj Dist- Madhepura
2. Ayush Kumar S/o- Sri Vijay Kumar Ray R/v- Laxmipur, W.No-26, Uda
Kishunganj Ps- Uda Kishunganj Dist- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Kumar Anand, Advocate
For the Opposite Party/s : Mr.Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners who apprehend arrest in connection
with Udakishunganj P.S. Case No. 17 of 2025 lodged on
15.01.2025, for the offences punishable under sections 126(2),
127(2), 115(2), 109(1), 303(2) and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. As per the prosecution, the F.I.R. has been lodged
against four named accused persons, including the present
petitioners. It is alleged that the accused persons went to the
house of the informant, started abusing him, and assaulted him
with lathi and danda, etc., and also attempted to outrage the
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modesty of the female members of the informant’s family. It is
further alleged that the accused persons snatched money and
jewellery from the informant.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. He
further submits that the petitioners and the informant are
agnates, and the informant and petitioner no. 1 are full brothers,
while petitioner no. 2 is the nephew of the informant. It is
submitted that a dispute arose between the parties over a
common pathway, which led to a scuffle, resulting in injuries to
both sides. There is also a case and counter-case between the
parties, as contained in Annexures-1 and 2 to the bail
application. It is further submitted that the petitioners have clean
antecedents.
5. Learned APP for the State opposes the prayer for
bail.
6. In the facts and circumstances of the case, let the
above-named petitioners be released on bail, in the event of
their arrest or surrender before the Trial Court within a period of
four weeks from today, on furnishing bail bond of ₹30,000/-
(Rupees Thirty Thousand only) each, as mentioned in Section
2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the
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satisfaction of the learned ACJM, 1, Uda Kishunganj,
Madhepura, in connection with the aforementioned case,
subject to the conditions as laid down under Section 482(2) of
the Bharatiya Nagrik Suraksha Sanhita, 2023.
(Dr. Anshuman, J)
Ashwini/-
U T
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