Patna High Court
Jhunni Ray @ Jhimi Ray @ Zimilal RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted anticipatory bail to the petitioner subject to conditions under Section 2(1)(d) and Section 482(2) of the BNSS Act, 2023.
Summary
The petitioner, Jhunni Ray, sought anticipatory bail in a case involving alleged offences under multiple sections of the IPC and the Arms Act, arising from a land dispute in Vaishali district. The FIR alleged that he was carrying a lathi during a scuffle over a pillar on disputed land. The petitioner argued he was innocent, had a clean criminal record, and his only act was holding a lathi. The State opposed bail, contending there was no overt act beyond the allegation. The court considered the facts, the petitioner’s background, and the provisions of the Bail and Surrender of Suspects (BNSS) Act, 2023, and granted anticipatory bail subject to a bond and conditions under Sections 2(1)(d) and 482(2) of the BNSS Act.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the BNSS Act, 2023 in view of the alleged offences under the IPC and Arms Act.
- Whether mere possession of a lathi constitutes an offence sufficient to deny bail.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
Legislation cited
- Arms Act — s. 27
- Bail and Surrender of Suspects (BNSS) Act, 2023 — s. 2(1)(d), 482(2)
- Indian Penal Code — s. 114, 148, 149, 150, 307, 323, 324, 325, 341, 354, 452, 504, 506
Subjects
- anticipatory bail
- land dispute
- Indian Penal Code
- Arms Act
- Bail and Surrender of Suspects Act
- Criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31993 of 2026
Arising Out of PS. Case No.-269 Year-2024 Thana- BIDUPUR District- Vaishali
======================================================
Jhunni Ray @ Jhimi Ray @ Zimilal Ray Son of Late Brahm Ray Resident Of
Village -Jurawanpur, Ps- Bidupur, Dist -Vaishali At Hajipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sachin Kumar, Adv.
For the Opposite Party/s : Mr.Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 07-05-2026 Heard Learned Counsel for the petitioner and
Learned APP for the State.
2. The petitioner is apprehending arrest in connection
with Bidupur P.S. Case No.269 of 2024 lodged on 27.05.2024,
for the offences punishable under Sections 148, 149, 341, 323,
324, 307, 325, 354, 452, 504, 150, 114 and 506 of the IPC read
with section 27 of the Arms Act.
3. As per the prosecution, FIR has been lodged against
18 named accused persons including the present petitioner with
allegation against the petitioner that he was keeping lathi in his
hand. The cause of dispute as alleged in the FIR is due to land
which was in possession of the informant on which pillar was
built by the informant.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
also submits that there is land dispute between the parties. He
Patna High Court CR. MISC. No.31993 of 2026(2) dt.07-05-2026
2/2
further submits that both are resident of same village and due to
old land dispute, scuffling took place between the parties and
injury has been caused to both sides.
5. Counsel submits that the criminal antecedent of the
petitioner is clean and aged about 52 years. He further submits
that the only role of present petitioner is that he had kept lathi in
his hand.
6. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the only allegation against
the petitioner is that he had kept lathi in his hand and there is no
any act and overt act against him.
7. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
learned Court below within a period of 4 weeks from today, on
furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
as mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of J.M.-1st Class -cum-Addl. Munsif, Vaishali at
Hajipur in connection with Bidupur P.S. Case No.269 of 2024,
subject to the conditions as laid down U/s 482(2) of the BNSS,
2023.
(Dr. Anshuman, J)
Prakashmani/-
U T
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