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Patna High Court

Surendra RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/4




          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
Patna High Court CR. MISC. No.30377 of 2026(3) dt.24-06-2026
                                            3/4




          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;
             Patna High Court CR. MISC. No.30377 of 2026(3) dt.24-06-2026
                                                         4/4




                                                            (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

U      T


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