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Patna High Court

Lagan RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to specified conditions.

Summary

The petitioners, Lagan Ray, Subodh Ray and Upendra Ray, feared arrest in connection with a police case (No. 306 of 2025) alleging offences under various sections of the Bihar Negotiable and Security Act and an alleged assault. They contended that they were falsely implicated, had no criminal antecedent, and that the injury to the victim was simple, not warranting a charge of murder under Section 307 IPC. The High Court, after hearing counsel, allowed the anticipatory bail application, directing the petitioners to furnish a bail bond of Rs.10,000 with two sureties and to comply with conditions including monthly police station attendance and verification of clean antecedent. The order was made under Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the Bihar Negotiable and Security Act. The bail may be cancelled upon default or discovery of involvement in other cases.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners in the pending case.
  • Whether the alleged offences justify denial of bail.
  • What conditions are appropriate for the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • bail conditions
  • Criminal Procedure Code
  • Bihar Negotiable and Security Act
  • Indian Penal Code
  • Section 438
  • Section 482
  • Salimpur case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37822 of 2026
                       Arising Out of PS. Case No.-306 Year-2025 Thana- SALIMPUR District- Patna
                 ======================================================
           1.     Lagan Ray S/o- Late Neva Ray R/o- Kala Diyara, Kala Diara, P.S.-
                  Salimpur, Patna, Bihar.
           2.    Subodh Ray S/o- Late Nabab Ray R/o- Kala Diyara, Kala Diara, P.S.-
                 Salimpur, Patna, Bihar.
           3.    UPendra Ray S/o- Late Neva Ray R/o- Kala Diyara, Kala Diara, P.S.-
                 Salimpur, Patna, Bihar.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rohit Raj.
                                                 Mr.Kumar Anand Nitin
                 For the Opposite Party/s :      Mr.Mukesh Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-06-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                    2. The petitioners apprehend their arrest in

                   connection with Salimpur Police Station Case No. 306 of 2025

                   registered for the offence under Sections 115(2), 126(2), 303(2),

                   109, 351(2), 352, 3(5) of the BNS.

                                    3. As per the prosecution case, the petitioners are

                   said to have assaulted the victim.

                                    4. It has been submitted by the learned counsel for

                   the petitioners that the petitioners are innocent and they have

                   falsely been implicated in this case. He further submits that no
Patna High Court CR. MISC. No.37822 of 2026(2) dt.16-06-2026
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          offence under Section 307 of the Indian Penal Code is made out

          and from the injury report, it is clear that the injury caused to the

          alleged victim is simple in nature. He also submits that the

          petitioners have no criminal antecedent.

                           5. Considering the aforesaid facts, this application

          is allowed.

                           6. Let the petitioners, above named, in the event of

          their arrest or surrender before the concerned Court below

          within four weeks from today, 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 concerned Court

          below in connection with Salimpur P.S. Case No. 306 of 2025,

          subject to the conditions laid down in Section 438(2) of the

          Code of Criminal Procedure, 1973 / Section 482 of the BNSS.

                         7. As a condition of this order, the petitioners, after

          being released on anticipatory bail, are directed to mark their

          attendance at Salimpur Police Station on first Sunday of each

          month. Any default in appearance at the police station will result

          in cancellation of bail bonds of the petitioners.

                          8. As the petitioners claim to have clean

          antecedent, the Court below, before accepting the bail bonds of

          the petitioners is directed to verify the antecedent of the
          Patna High Court CR. MISC. No.37822 of 2026(2) dt.16-06-2026
                                                      3/3




                    petitioners. If the petitioners are found to be involved in any

                    other case then the bail bonds of the petitioners shall not be

                    accepted.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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