Patna High Court
Sanjay RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioners, subject to a bond and sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Petitioners Sanjay Ray and his son Prince Kumar sought bail after being implicated in a FIR alleging theft of Rs. 90,500 and assault with an iron rod, invoking several sections of the Bharatiya Nagarik Suraksha Sanhita (BNS) and the Arms Act. They contended that the incident stemmed from a bilateral civil dispute that escalated into a scuffle, resulting in only simple injuries and that many allegations were exaggerated. The State opposed the bail application. The Court, considering the nature of the injuries, the background of a civil dispute, and the overall circumstances, granted bail to both petitioners on the condition of a Rs.10,000 bond with two sureties each, subject to compliance with Section 482(2) of the BNS. The bail order was directed to be implemented by the Additional Chief Judicial Magistrate‑II, Siwan.
Issues considered
- What is the appropriate exercise of discretion by the court in granting bail to petitioners accused under multiple sections of the BNS and the Arms Act?
- Whether the circumstances of a civil dispute and the nature of injuries justify bail despite serious charges?
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- bail
- criminal procedure
- civil dispute
- assault
- theft
- Bharatiya Nagarik Suraksha Sanhita
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39700 of 2026
Arising Out of PS. Case No.-19 Year-2026 Thana- MAHARAJGANJ District- Siwan
======================================================
1. Sanjay Ray S/o Late Daroga Ray Resident of Village- Radiya (Rahiya), P. S.
- Maharajganj, District - Siwan
2. Prince Kumar S/o Sanjay Ray Resident of Village- Radiya (Rahiya), P. S. -
Maharajganj, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Bharti, Advocate
For the Opposite Party/s : Mr. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under sections 126 ( 2 ),
115 ( 2 ), 109, 351(2), 352, 303(2) and 3(5) BNS & 27 Arms
Act.
3 . As per F.I.R., petitioner no.1 is alleged to have
snatched Rs. 90500/- and bag and petitioner no.2 assaulted
informant by means of iron rod, as a result of which he
sustained injuries.
4. It is submitted on behalf of the petitioners that on
account of bilateral civil dispute between the parties, a scuffle
Patna High Court CR. MISC. No.39700 of 2026(2) dt.24-06-2026
2/2
took place between them in which both sides inflicted injuries
on each other. Case and counter case. Injuries sustained by the
injured are simple in nature. Rest of the allegations are
ornamental in nature to make the case grave.
5 . Learned counsel for the State oppose the bail
petition .
6 Considering the nature of injury , backdrop of the
case and other circumstances of the case , in the event of arrest
or surrender within eight weeks from today, let the petitioners,
as named above, be enlarged on bail on furnishing bail bond of
Rs.10,000/-(ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned Additional Chief
Judicial Magistrate- II, Siwan in connection with Maharajganj
P.S. Case No. 19 of 2026 , subject to the conditions laid down
under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha
Sanhita ( BNSS) , 2023 .
(Prabhat Kumar Singh, J)
Koushik/Alok
Raj-
U T
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