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Patna High Court

Dharmendra Kumar Ray @ Dharmendra Ray @ Dharmendra KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                          3/3




                        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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