Patna High Court
Dasharth Ray @ Dasrath Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted anticipatory bail to the petitioner, subject to a bond and conditions, pending verification of his criminal antecedent.
Summary
The petitioner, Dasharth Ray, was named in an FIR alleging assault and other offences arising from a neighbour dispute over soil‑filling work. He applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in connection with the case. The State opposed bail but acknowledged that the petitioner had no prior criminal record. The court noted that a co‑accused had already been granted bail and that the petitioner’s antecedent was clean, and therefore ordered anticipatory bail on the condition of a Rs.30,000 bond and verification of his criminal history by the trial court. The bail order was made effective for four weeks from the date of the order, with the trial court empowered to cancel it if any concealment of antecedent is discovered.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482 of the BNSS, 2023 despite the serious nature of the allegations.
- Whether the trial court must verify the petitioner’s criminal antecedent before confirming the bail bond.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 2(1)(d), 329(3), 329(4), 3(5), 351(2), 351(3), 352, 482
Subjects
- anticipatory bail
- Section 482
- BNSS 2023
- Arms Act
- assault
- neighbor dispute
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41484 of 2026
Arising Out of PS. Case No.-164 Year-2025 Thana- MOHIUDDIN NAGAR District-
Samastipur
======================================================
Dasharth Ray @ Dasrath Kumar Rai S/O Rambabu Ray Resident of Gram-
Bishanpur Beri, Bishunpur Beri, PO- Bishanpur Beri, Vishanpur Beri Matior,
P.S.- Mohiuddin Nagar, Dist - Samastipur, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Keshav Bhardwaj, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 01-07-2026 Heard Learned Counsel for the petitioner and
Learned APP for the State.
2. The present criminal miscellaneous application has
been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioner who apprehends arrest
in connection with Mohiuddin Nagar P.S. Case No. 164 of 2025,
lodged on 04.08.2025, under Sections 126(2), 115(2), 118(1),
109(1), 329(3), 329(4), 352, 351(2), 351(3), 3(5) of the BNS
and under Section 27 of the Arms Act.
3. As per the prosecution, FIR has been lodged against
eleven named accused persons including the present petitioner
against whom there is allegation that all the accused persons
Patna High Court CR. MISC. No.41484 of 2026(2) dt.01-07-2026
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have assaulted the informant. The cause of dispute has been
shown that for the soil filling work the dispute has arisen
between both the parties, who are neighbors, which resulted into
assault.
4. Learned Counsel for the petitioner submits that the
petitioner and informant are resident of the same village and
neighbor. Due to soil filling work the dispute took place
between the parties. Counsel further submits that the informant
had fired on the petitioner's side due to which one person died at
the spot for which FIR has been lodged as Mohiuddin Nagar
P.S. Case No. 154 of 2025 on 23.07.2025. Counsel submits that
the present case has been filed in retaliation for the same date
and place of occurrence on 04.08.2025 bearing Mohiuddin
Nagar P.S. Case No. 164 of 2025. Counsel submits that the
criminal antecedent of the petitioner is clean. Counsel further
submits that one of the co-accused has been granted bail by a
co-ordinate Bench of this Court vide order dated 07.05.2026
passed in Cr. Misc. No.29567 of 2026.
5. Learned counsel for the state opposes the prayer of
bail but fairly submits that for the same date and place of
occurrence FIR has been lodged. He submits that petitioner has
no criminal antecedent.
Patna High Court CR. MISC. No.41484 of 2026(2) dt.01-07-2026
3/3
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
learned Court below within a period of 4 weeks from today, on
furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
as mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of learned S.D.J.M., Sahapur Patory, Samastipur, in
connection with Mohiuddin Nagar P.S. Case No. 164 of 2025,
subject to the conditions as laid down U/s 482(2) of the BNSS,
2023.
7. And further condition that the Trial Court 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 Trial Court 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.
(Dr. Anshuman, J)
Mkr./Rakesh-
U T
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