Patna High Court
Lagan RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Negotiable and Security Act — s. 482
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 307
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
2/3
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.