Patna High Court
Ramesh RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court held that anticipatory bail should be granted to the petitioners as the allegations were non‑specific, the dispute was rooted in a land conflict, and co‑accused had already received bail.
Summary
The petitioners, Ramesh Ray, Anirudh Ray and Jitendra Kumar Ray, sought anticipatory bail fearing arrest in a 2021 case (Amarpur P.S. Case No. 266) involving multiple IPC offences. They contended that they were falsely implicated due to a long‑standing land dispute, were not originally named in the FIR, and that the allegations were vague and both parties had suffered injuries. Their counsel highlighted that four similarly situated co‑accused had already been granted anticipatory bail by a coordinate bench in Cr. Misc. No. 55891/2025. The State opposed the relief. Considering the land‑dispute background, the lack of specific incriminating acts against the petitioners, and the precedent of bail to co‑accused, the High Court granted anticipatory bail subject to a Rs.20,000 bond and two sureties under Section 482(2) of the Code of Criminal Procedure.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in view of the allegations and the land‑dispute context
- Whether the grant of anticipatory bail to similarly situated co‑accused warrants similar relief to the petitioners
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 147, 148, 149, 307, 323, 324, 332, 333, 337, 341, 353, 427
Subjects
- anticipatory bail
- land dispute
- false implication
- Indian Penal Code
- Section 482 CPC
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28337 of 2026
Arising Out of PS. Case No.-266 Year-2021 Thana- AMARPUR District- Banka
======================================================
1. Ramesh Ray, S/O Jagdish Ray, Resident of village- Gadal, P.O.-
Ramchandrarpur Ithari, P.S.- Amarpur, District- Banka
2. Anirudh Ray @ Anrud Ray, S/O Mangru Ray, Resident of village- Gadal,
P.O.- Ramchandrarpur Ithari, P.S.- Amarpur, District- Banka
3. Jitendra Kumar Ray @ Jitendra Ray, S/O Shivnarayan Ray, Resident of
village- Gadal, P.O.- Ramchandrarpur Ithari, P.S.- Amarpur, District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Prasad Singh, Adv.
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 01-05-2026 Heard the parties.
2. The petitioners apprehends their arrest in
connection with Amarpur P.S. Case No. 266 of 2021 registered
for the offences punishable under sections 147, 148, 149, 341,
323, 324, 307, 332, 333, 337, 353 and 427 of the Indian Penal
Code.
3. The main submissions advanced by petitioners’
counsel are that the petitioners are innocent and have been
falsely implicated due to long standing land dispute between the
parties and they have not been named in the FIR and their
names have surfaced subsequently during investigation
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afterthought. It is further submitted that the allegations are
general and omnibus in nature without any specific overt act
attributed to the petitioners. It is contended that the occurrence
took place suddenly during inspection and was not preplanned
and both the sides sustained injuries in the said occurrence.
Learned counsel further submits that similarly situated co-
accused persons, namely Dilip Ray, Maindi Ray, Sudhir Ray
and Gita Devi, have already been granted anticipatory bail by a
co-ordinate Bench of this Court vide order dated 10.02.2026
passed in Cr. Misc. No. 55891/2025. Learned counsel further
submits that though the petitioners have criminal antecedents
but they are on bail in all such cases and further, there is case
and counter case in between the parties.
4. Learned APP for the State has opposed the
prayer of the petitioners.
5. In the facts and circumstances of this case and
considering the statements made in the petition as well as above
submissions, coupled with the facts that similarly situated above-
mentioned four co-accused have been granted bail by a co-
ordinate Bench of this Court and the genesis of the occurrence is
land dispute and both the sides have sustained injuries in the
alleged occurrence, this Court is inclined to grant the relief of
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anticipatory bail to the petitioners. Accordingly, let the
petitioners named-above, in the event of their arrest or surrender
before the learned Court below within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 20,000/- (Rupees Twenty Thousand) each with two
sureties of the like amount each to the satisfaction of the Court
concerned in connection with Amarpur P.S. Case No. 266 of
2021, subject to the conditions as laid down under Section
482(2) of the BNSS.
(Shailendra Singh, J)
annu/-
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