Patna High Court
Dhirendra RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court held that, in the absence of specific allegations of assault against the petitioner and given only an allegation of instigation, anticipatory bail is warranted under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to conditions.
Summary
The petitioner, Dhirendra Ray, sought anticipatory bail after being implicated in a case where a mob allegedly obstructed police attempting to arrest another accused. The prosecution alleged that Ray instigated the crowd, leading to assaults on police and injuries. The petitioner contended he was not present at the incident, had a clean antecedent, and was falsely implicated. The court examined the injury reports, noting the injuries were simple and there was no specific allegation of assault against the petitioner, only an allegation of instigation. Considering the lack of concrete evidence linking the petitioner to the violence, the court granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and verification of his criminal antecedent under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the allegation of instigating a mob constitutes a serious offence justifying denial of bail.
- Whether the petitioner’s alleged involvement in the mob violence warrants custody pending trial.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Nagarik Suraksha Act — s. 109, 115(2), 125(a), 125(b), 126(2), 132, 221, 222, 262, 324(3), 74
Subjects
- anticipatory bail
- mob violence
- police obstruction
- criminal antecedent
- Section 482
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39372 of 2026
Arising Out of PS. Case No.-28 Year-2026 Thana- DAWATH District- Rohtas
======================================================
Dhirendra Ray S/o Late Sudama Ray Resident of Village - Dharkandha, P.S.-
Dawath, District-
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Adv
For the Opposite Party/s : Mrs. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 17-06-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner apprehends his arrest in connection
with Dawath P.S. Case No. 28 of 2026, registered under
Sections 126(2), 115(2), 125(a), 125(b), 109, 132, 221, 74, 222,
262, 324(3) of B.N.S.
3. As per the prosecution story, which has been
lodged on the basis of the written reported submitted by the
informant to the effect that on the date of occurrence while the
informant along with police party went to village Gharasksha
P.S. Dawath to arrest the accused persons named in Dawath P.S.
Case No. 27 of 2026. On seeing the police party, one person
started fleeing away from the house of the accused Kallu Rai,
however, he was apprehended and he disclosed his name
Mangni Rai. When the police party was taking the apprehended
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person in the police vehicle, around 20-25 men and women
gathered there armed with sticks, bricks and other weapons and
attempted to forcefully free the apprehended person from the
custody of the police. It is alleged that the named accused
persons namely Munar Kumari and Manika Kumari caught hold
of Mangni Rai and tried to pull him away from the police
vehicle. Co-accused Dhanu Kumar and Manu Rai misbehaved
and assaulted lady constable namely Nidhi Kumari. The mob
became violent and started assaulting the police party with fists,
slaps, lathis and other weapons, due to which police personnel
sustained injuries. It is case of the informant that the petitioner
was requested to the pacify the mob, however, he flatly refused
to do so and on his instigation, the mob started assaulting the
police personnel, due to which they suffered injuries.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has not committed any offence. He
submits that the petitioner has falsely been implicated in the
present case, since he happens to be the resident of the village
and he was not even present at the place of occurrence on the
alleged date of occurrence. He further submits that altogether
six named and 15-20 unknown persons have been made accused
in the present case without any justifiable basis. The petitioner
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has got no concern with the present occurrence. The learned
counsel for the petitioner further submits that petitioner has got
a clean antecedent.
5. Per Contra, the learned APP for the State
vehemently opposes the prayer for grant of bail to the petitioner
and submits that the allegation against the petitioner is of
causing hindrance in the working of the police officials which is
serious in nature and the police personnel have received injuries.
6. Having considered the rival submissions and after
going through the records, it appears that while the police party
went to the village to arrest accused person, in relation to
Dawath P.S. Case No. 27 of 2026 and succeeded in
apprehending one Mangni Rai, the mob assembled there and
started obstructing in performance of duty of the police
personnel. When the same was objected by the police personnel,
the mob started assaulting the informant and others, due to
which they suffered injuries. The learned counsel for the
petitioner has provided certified copy of the injury report of the
injured police personnel, which suggests that the injuries
sustained by the injured, including the informant have been
found to be simple in nature by the treating doctor. Further there
is no specific allegation of any assault against the petitioner and
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the only allegation which has been levelled against the
petitioner is that he instigated the crowd. Let the petitioner,
above named in the event of arrest/surrender within a period of
six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned S.D.J.M, Bikramganj(Rohtas) in connection with
Dawath P.S. Case No. 28 of 2026, subject to the conditions as
laid down under Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023, and subject to the following condition:-
(I) That the learned court concerned shall verify the
criminal antecedent of the petitioner and in case at any stage, it
is found that the petitioner has concealed his criminal
antecedent, the court concerned shall take step for cancellation
of bail bond of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
(Ritesh Kumar, J)
krishnakant/-
U T
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