Patna High Court
Suraj Ray @ Suraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond and sureties, under Section 482 of the Bhartiya Nyaya Sanhita.
Summary
The petitioner, Suraj Ray, sought anticipatory bail fearing arrest in a case registered under multiple offences of the Bhartiya Nyaya Sanhita, including assault and related provisions. The FIR alleged that he, along with co-accused, assaulted an informant using a fasra and iron rod, causing simple injuries, but the complaint was described as general and lacking specific overt acts against him. The State opposed the bail application, arguing the seriousness of the charges. The Court considered the nature and extent of the injuries and the lack of specific incriminating details, and applied Section 482 of the Bhartiya Nyaya Sanhita to grant anticipatory bail. The petitioner was ordered to furnish a bail bond of Rs.10,000 with two sureties of equal amount, subject to conditions prescribed by the Chief Judicial Magistrate, East Champaran.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482 of the Bhartiya Nyaya Sanhita in view of the alleged offences.
- Whether the allegations in the FIR constitute sufficient specific acts to deny bail.
Legislation cited
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352, 482
Subjects
- anticipatory bail
- Section 482
- Bhartiya Nyaya Sanhita
- assault
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3252 of 2026
Arising Out of PS. Case No.-154 Year-2025 Thana- MEHSI District- East Champaran
======================================================
Suraj Ray @ Suraj Kumar S/O Nawal Kishore Ray Resident of village -
Amawa Bara Kothia, P.S.- Mehsi, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh
For the Opposite Party/s : Mr.Pawan Kumar Chaurasia
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 126(2), 115(2), 117(2),
109, 303(2), 352, 351(2) & 3(5) of the Bhartiya Nyaya Sanhita.
3. As per F.I.R., this petitioner along with other co-
accused persons abused and assaulted informant with Farsa and
iron rod. Doctor has found the injuries simple in nature.
Allegation of assault is general & omnibus and no specific overt
act has alleged against this petitioner.
4. Learned A.P.P. for the State has opposed the prayer
for anticipatory bail.
5. Considering the nature of injury, in the event of
arrest/surrender within a period of eight weeks from today, let
Patna High Court CR. MISC. No.3252 of 2026(2) dt.02-02-2026
2/2
the above named petitioner be enlarged on bail on furnishing
bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Chief Judicial
Magistrate, East Champaran at Motihari in connection with
Mehsi P.S. Case No. 154 of 2025, subject to condition as laid
down under Section 482 of the B.N.S.S., 2023.
(Prabhat Kumar Singh, J)
anay
U T
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