Patna High Court
Surendra RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to all petitioners subject to a Rs.10,000 bond, sureties, and conditions under Section 482(2) of the CrPC.
Summary
The petitioners, six residents of Jahari Pakari village, sought anticipatory bail fearing arrest in connection with PS case No. 332 of 2025, which alleged assault on an informant resulting in grievous hurt. The prosecution alleged that petitioner No.1, Surendra Ray, assaulted the informant with a stick, breaking his hand, and that the other petitioners were also involved in the assault. The petitioners argued that the specific allegation of assault applied only to Surendra Ray, who was willing to compensate the victim financially, and that the allegations against the remaining petitioners were vague and they had clean antecedents. The State opposed the bail, citing the seriousness of the offences listed under various sections of the Indian Penal Code. The Court, noting the willingness of Surendra Ray to pay Rs.10,000 to the victim and the general nature of the allegations against the others, granted anticipatory bail to all petitioners subject to a bail bond, sureties, and conditions under Section 482(2) of the CrPC, including appearance before the trial court and non‑interference with witnesses.
Issues considered
- Whether the petitioners are entitled to anticipatory bail despite allegations under multiple IPC sections including assault and grievous hurt.
- Whether the specific allegation against petitioner No.1 can be mitigated by his offer of financial compensation.
- Whether the general and omnibus allegations against petitioners No.2 to No.6 justify denial of bail.
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 109(1), 115(2), 117(2), 118(1), 126(2), 189(2), 190, 191(2), 191(3), 303(2), 329(3), 351(3), 352, 74
Subjects
- anticipatory bail
- Indian Penal Code
- Criminal Procedure Code
- assault
- grievous hurt
- bail conditions
- financial compensation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30377 of 2026
Arising Out of PS. Case No.-332 Year-2025 Thana- AMNAUR District- Saran
======================================================
1. Surendra Ray Son of Haari Mohan Rai Resident Of Village- Jahari Pakari
Kewari Kala, P S -Amnaur, District -Saran At Chapra
2. Usha Kumari Daughter of Surendra Rai Resident Of Village- Jahari Pakari
Kewari Kala, P S -Amnaur, District -Saran At Chapra
3. Sugia Devi Wife of Hari Mohan Rai Resident Of Village- Jahari Pakari
Kewari Kala, P S -Amnaur, District -Saran At Chapra
4. Hari Mohan Rai Son of Singhasan Rai Resident Of Village- Jahari Pakari
Kewari Kala, P S -Amnaur, District -Saran At Chapra
5. Lalsa Devi Wife of Shambhu Rai Resident Of Village- Jahari Pakari Kewari
Kala, P S -Amnaur, District -Saran At Chapra
6. Bablu Kumar Son of Surendra Rai Resident Of Village- Jahari Pakari
Kewari Kala, P S -Amnaur, District -Saran At Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravindra Nath Dubey, Adv.
For the Opposite Party/s : Mrs.Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 24-06-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending their arrest in
connection with Amnaur P.S. Case No. 332 of 2025 for the
offence punishable under sections 189(2), 191(2), 191(3), 190,
126(2), 115(2), 118(1), 117(2), 74, 329(3), 109(1), 303(2), 352,
351(3) of the BNS lodged on 13.11.2025 by the informant.
3. As per the prosecution case, the allegation against
Patna High Court CR. MISC. No.30377 of 2026(3) dt.24-06-2026
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the petitioners is that they along with other accused persons
assaulted the informant by means of Khanti on his hand due to
which his hand got broken. On hearing his cries, his brother and
mother came, they were also assaulted by the accused persons.
Accordingly, the FIR.
4. Learned counsel for the petitioners submits that
specific allegation of assault is against petitioner no.1 who has
assaulted the informant, Sanoj Rai, who is said to have sustained
injuries on his hand and the said injuries have been found to be
grievous in nature. Learned counsel for the petitioners submits
that the petitioner no.1, Surendra Ray is ready to provide the
financial support for the injuries sustained by the informant
without accepting his guilt at the time of furnishing his bail
bond. With regard to other petitioners being petitioners no.2 to
6, learned counsel for the petitioners submits that the allegation
against them are general and omnibus and all the petitioners
have got clean antecedent.
5. Learned APP opposes the prayer for anticipatory
bail.
6. Considering the fact that the petitioner no.1,
Surendra Ray is ready to provide financial support of Rs.
10,000/- for the injuries sustained by the informant and also
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considering the fact that allegation against petitioners no.2 to 6
are general and omnibus in nature, this Court is inclined to
extend them the privilege of anticipatory bail, subject to
payment of Rs.10,000/- by petitioner no.1, through demand
draft issued by the local State Bank of India in favour of the
informant which shall be handed over after checking his
credentials.
7. Let the petitioners, above named, be released on
bail in the event of arrest or surrender within a period of six
weeks from the receipt of this order, on furnishing bail bond of
Rs. 10,000/- (Ten thousand) each with two sureties of like
amount each to the satisfaction of learned Judicial Magistrate,
First Class, Saran at Chapra in connection with aforesaid PS
Case, subject to the conditions as laid down under Section
482(2) of the BNSS as well as the following conditions:-
(i) one of the bailors should be the
family member/relative of the petitioner(s)
who shall provide official document to show
his/her bona fide;
(ii) the petitioner(s) shall appear
on each and every date before the Trial
Court and failure to do so for two
consecutive dates without plausible reason
will entail cancellation of his/their bail
bond by the Trial Court itself;
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(iii) the petitioner(s) shall in no
way try to induce or promise or threat the
witnesses or tamper with the evidences,
failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist
from committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of his/their bail
bonds.
(Ajit Kumar, J)
perwez
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