Patna High Court
Vijay Ray @ Pagal RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to conditions prescribed under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Vijay Ray, sought anticipatory bail in connection with a FIR alleging assault, threats, and other offences under the Bharatiya Nyaya Sanhita. The prosecution’s case was based on an oral statement by the victim’s mother, alleging a violent assault on her and her son by the petitioner and others. The petitioner contended that the injuries were minor, that a similar co‑accused had been granted anticipatory bail in a recent order, and that he had no prior convictions. The State opposed the bail, arguing the seriousness of the allegations. The Court, noting the minor nature of the injuries and the precedent of granting bail to similarly situated co‑accused, inclined to grant anticipatory bail subject to strict conditions. Accordingly, the Court ordered the petitioner’s release on bail upon furnishing a bond and complying with conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the precedent of granting bail to similarly situated co‑accused is applicable
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351, 351(2)
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Criminal Procedure
- assault
- threats
- bail conditions
- Indian criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3396 of 2026
Arising Out of PS. Case No.-205 Year-2025 Thana- BHELDI District- Saran
======================================================
Vijay Ray @ Pagal Ray Son of Mahesh Ray Resident of Village- Gopalpur,
P.S.- Bheldi, District- Saran, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajendra Nath Ojha, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 23-02-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Bheldi P.S. Case No.205 of 2025, F.I.R dated
27.07.2025 registered for the offences punishable under
Sections 126(2), 115(2), 118(1), 109, 303(2), 351(2), 351 and
3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, on 24.07.2025,
Fulgeni Devi of village Gopalpur (P.S. Bheldi, Saran) gave an
oral statement to the S.H.O., Bheldi P.S., alleging that her son
Himanshu Kumar was assaulted near N.H. 722 Chapra–Bheldi
road by Vijay Ray @ Pagal Ray and Ajay Ray, who abused him
and beat him with a lathi. When she intervened, Meena Devi
allegedly pulled her hair and threw her to the ground.
Patna High Court CR. MISC. No.3396 of 2026(3) dt.23-02-2026
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Thereafter, Manesh Ray allegedly struck her on the head with an
iron rod with intent to kill, causing head injury. She further
alleged that Vijay Ray and Ajay Ray continued assaulting her,
joined by Mukesh Kumar Ray, Pinki Devi, and Jagarnath Ray,
who assaulted her with fists and slaps. During the incident,
Meena Devi allegedly snatched her gold locket and nose pin.
She also stated that Vijay Ray threatened to kill her, mentioning
that she was a witness in Bheldi P.S. Case No. 82/16, and
warned her against filing a case.
4. Learned counsel for the petitioner submits that there
is a counter version to the entire incident and the allegation
against the petitioner is of having assaulted the son of the
informant by lathi on his leg and the injuries sustained by the
son of the informant, are found to be simple in nature while, the
Co-ordinate Bench of this Court had granted the privilege of
anticipatory bail to similarly situated co-accused persons vide
order dated 15.01.2026 passed in Cr. Misc. No.89244 of 2025. It
has next been submitted that the petitioner has criminal
antecedents but he is on bail in all such cases.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
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that the injuries sustained by the son of the informant are simple
in nature and the Co-ordinate Bench of this Court had granted
the privilege of anticipatory bail to similarly situated co-accused
persons vide order dated 15.01.2026 passed in Cr. Misc.
No.89244 of 2025. Accordingly, this Court is inclined to grant
the privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Saran
Chapra, in connection with Bheldi P.S. Case No.205 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure / Section 482(2) of the Bhartiya
Nagarik Suraksha Sanhita and with other following conditions:-
(i) one of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit 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
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cancellation of his/her/their bail bond by the Trial Court itself;
(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 their bail bonds.
(Ajit Kumar, J)
sharun/-
U T
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