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Patna High Court

Kamod Kumar Ray @ Kamod RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners, subject to bond and conditions, under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Summary

The petitioners, Kamod Kumar Ray, Upendra Ray and Pramila Devi, sought anticipatory bail after an FIR (Jalley PS Case No. 35 of 2026) alleged they assaulted an informant, Anil Kumar, and stole his mobile phone and cash, invoking multiple sections of the Bharatiya Nyaya Sanhita, 2023. They contended they were falsely implicated as a retaliatory move against another case filed by Pramila Devi and asserted a clean criminal record. The State opposed the bail. The Court examined the nature of the alleged injuries, the claim of false implication, and the petitioners' antecedent, finding no serious threat to the investigation. Consequently, the Court granted anticipatory bail subject to a Rs 10,000 bond per petitioner, two sureties, and conditions under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, including cooperation with the investigation and verification of criminal antecedent.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioners under the Bharatiya Nyaya Sanhita, 2023, given the allegations of assault and theft?
  • Whether the petitioners' claim of false implication and clean antecedent warrants bail despite the serious charges?

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • false implication
  • criminal antecedent
  • Bharatiya Nyaya Sanhita
  • Section 482
  • bail conditions
  • criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29941 of 2026
                        Arising Out of PS. Case No.-35 Year-2026 Thana- JALE District- Darbhanga
                 ======================================================
           1.     Kamod Kumar Ray @ Kamod Ray S/o Sri Upendra Ray R/o vill - Reorha,
                  P.S.- Jalley, Distt.- Darbhanga
           2.    Upendra Ray S/o Late Anup Lal R/o vill - Reorha, P.S.- Jalley, Distt.-
                 Darbhanga
           3.     Pramila Devi W/o Sri Upendra Ray R/o vill - Reorha, P.S.- Jalley, Distt.-
                  Darbhanga
                                                                          ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Thakur, Adv.
                                                  Mr.Shivam, Adv.
                                                  Ms. Sushmita Mishra, Adv.
                 For the Opposite Party/s :       Mr.Renu Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   06-05-2026                   Heard learned counsel for the petitioners and learned

                   APP for the State.

                                 2. The petitioners apprehend their arrest in connection

                   with Jalley P.S. Case No. 35 of 2026 registered for the offence

                   under Sections 191(2), 190, 126(2), 127(2), 115(2), 118(1),

                   109(1), 303(2), 329(3), 329(4), 352, 351(2) of the Bharatiya

                   Nyaya Sanhita (B.N.S.), 2023.

                                 3. Prosecution case in brief is that one Anil Kumar

                   lodged written report dated 19.02.2026 addressed to the Officer

                   Incharge of Jale Police Station stating therein inter alia that on

                   the same day at about 10.00 A.M. he was going to his village
Patna High Court CR. MISC. No.29941 of 2026(2) dt.06-05-2026
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          and on the way, at the door some persons abused him and took

          him inside the door and they all assaulted him with lathi,

          khurpi, bamboo as a result of which he received injury on his

          head and he also received injury on his entire body. At that time

          one of his friend namely Nitish Kumar came and all accused

          also attacked him and he was badly injured The I-phone mobile

          and Rs.15,000/- were also taken from his pocket in course of

          assault. Kamod Ray, Upendra Ray, Mina Devi, Pramod Ray,

          wife of Upendra Ray, Pappu Kumar were the accused persons.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and has committed no offence and they

          have falsely been implicated in this case. Learned counsel for

          the petitioners next submits that the allegation against the

          petitioners is of assaulting the informant. However, the injury

          sustained is simple in nature. Learned counsel for the petitioners

          next submits that the petitioners have been implicated as a

          counter blast to Jalley P.S. Case No.36 of 2026 lodged by

          Pramila Devi who is one of the petitioner in this case. The

          petitioners have clean antecedent.

                       5. The learned APP opposes the anticipatory bail

          application.

                       6. From the reading of the FIR, it appears that the
Patna High Court CR. MISC. No.29941 of 2026(2) dt.06-05-2026
                                            3/4




          allegation against the petitioners is of assaulting the informant.

          However, the injury sustained is simple in nature. It also appears

          that the petitioners have been implicated as a counter blast to

          Jale P.S. Case No.36 of 2026 lodged by Pramila Devi who is

          one of the petitioner in this case. The petitioners have clean

          antecedent. Under these circumstances, this Court is inclined to

          grant privilege of anticipatory bail to the petitioner.

                       7. Accordingly, the petitioners above named, in the

          event of their arrest or surrender before the learned Court below

          within a period of six weeks, are directed to be released on

          anticipatory bail on their furnishing bail-bonds in the sum of

          Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the

          like amount each to the satisfaction of the learned Additional

          Chief Judicial Magistrate-I, Darbhanga at Laheriasarai in

          connection with Jalley P.S. Case No. 35 of 2026, subject to the

          conditions laid down under Section 482(2) of the Bhartiya

          Nagarik Suraksha Sanhita and with following conditions:

                       (i)   the     petitioners       shall   co-operate   in   the

          investigation/trial.

                       (ii) the learned Court would, however, verify the

          criminal antecedent of the petitioners and in case it is found that

          the petitioners have concealed their criminal antecedent, the
          Patna High Court CR. MISC. No.29941 of 2026(2) dt.06-05-2026
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                    Court below shall take step for cancellation of bail bond of the

                    petitioners. However, it is expected that the verification process

                    would be done expeditiously without causing any delay.


                                             (Alok Kumar Sinha, J)

Prakash Narayan
U      T


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