Created by Fuzzy Cloud

Patna High Court

Ramesh RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.28337 of 2026(2) dt.01-05-2026
                                            2/3




          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
             Patna High Court CR. MISC. No.28337 of 2026(2) dt.01-05-2026
                                                         3/3




                       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/-

U        T


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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