Patna High Court
Dharmendra Kumar Ray @ Dharmendra Ray @ Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioners subject to bond and surety conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioners, Dharmendra Kumar Ray and Sachin Kumar Ray, sought anticipatory bail in connection with a criminal case (Mehsi P.S. Case No. 184 of 2025) alleging offences under several sections of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.). The prosecution alleged that during a Moharram procession a scuffle led to the son of an informant being abducted, injured, and later dying. The petitioners contended they were falsely implicated, noting that the FIR was lodged six days after the incident, they were not initially named, and the post‑mortem showed no external injuries; they also highlighted their clean criminal record. The State opposed the anticipatory bail. Considering the lack of specific allegations, the delay in filing the FIR, the petitioners' clean antecedents, and the circumstances, the Court granted anticipatory bail subject to a bond of Rs. 30,000 and two sureties, invoking Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S.S.
- Whether the delay in filing the FIR and lack of specific allegations justify granting bail
- Whether the petitioners' clean antecedent and cooperation with investigation warrant bail
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 109, 118(1), 118(2), 126(2), 190, 191(2), 191(3), 482(2)
Subjects
- anticipatory bail
- FIR delay
- communal violence
- Bharatiya Nagrik Suraksha Sanhita
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3504 of 2026
Arising Out of PS. Case No.-184 Year-2025 Thana- MEHSI District- East Champaran
======================================================
1. Dharmendra Kumar Ray @ Dharmendra Ray @ Dharmendra Kumar S/o
Lalbabu Ray R/o Village - Amwa Bada, P.O and P.S - Mehsi, District - East
Champaran at Motihari
2. Sachin Kumar Ray @ Sachin Kumar S/o Baleshwar Ray R/o Village -
Amwa Bada, P.O and P.S - Mehsi, District - East Champaran at Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 19-03-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Mehsi P.S. Case No. 184 of 2025, instituted for the
offences punishable under Sections 190, 191(2), 191(3), 126(2),
118(1), 118(2), 109 of the B.N.S.
3. As per the prosecution case, on the date of
occurrence during Moharram procession some scuffle took
place between two communities. It is alleged that son of the
informant was forcibly taken by the F.I.R. named accused
persons on a motorcycle with intention to kill him. It is further
alleged that wife of the informant received call on her mobile to
take back her son from Tajpur Bara Gaon. The informant
Patna High Court CR. MISC. No.3504 of 2026(3) dt.19-03-2026
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informed the police who reached there and found the son of
informant in injured condition. Later on, son of the informant
succumbed to his injuries.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in this
case. Allegation against the petitioners are general and omnibus.
No specific allegation has been levelled against the petitioners.
F.I.R. has been lodged after delay of six days without giving any
plausible and reasonable explanation. Post mortem of the
deceased does not show any external injury on his person. He
further submits that in the F.I.R. and in the re-statement of the
informant petitioners were not named as accused, however,
subsequently, after about 15 days of the alleged occurrence, the
informant also made allegation against the petitioners that they
were also involved along with other co-accused persons. He
further submits that the informant's side also assaulted a number
of persons of the petitioners' side in which one of them, namely,
Ajay Rai died for which Mehsi P.S. Case No. 178 of 2025 has
been lodged by one Dhananjay Kumar for murder of his brother
Ajay Ray. Petitioners have no criminal antecedent. They
undertake to co-operate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.3504 of 2026(3) dt.19-03-2026
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anticipatory bail.
6. Considering the facts and circumstances of the
case, submission of learned counsel for the parties and clean
antecedent of the petitioners, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioners, above-named, be released on bail upon furnishing
bail bonds of Rs. 30,000/- (Rupees Thirty Thousand) each with
two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate, Motihari at East Champaran in
connection with Mehsi P.S. Case No. 184 of 2025, subject to the
conditions laid down in Section 482 (2) of the Bharatiya Nagrik
Suraksha Sanhita (B.N.S.S.), 2023.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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