Patna High Court
Kamod Kumar Ray @ Kamod RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 127(2), 190, 191(2), 303(2), 329(3), 329(4), 351(2), 352
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
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
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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
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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
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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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