Created by Fuzzy Cloud

Patna High Court

Amarjit Ray @ Amarjit RaiversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

Anticipatory bail was denied for petitioner no.1 but granted for petitioner no.2 subject to conditions.

Summary

Amarjit Ray and Shiv Vinay Ray were named in an FIR for assaulting an informant with a farsa, allegedly intending to cause death. The petitioners argued the incident was a mutual fight with only simple injuries and denied any intent to kill. The prosecution presented a medical report showing five incised wounds on the informant, suggesting use of a sharp weapon. The court examined whether the nature of the injuries established the requisite intention under Section 109 of the Bihar Penal Code and considered the applicability of anticipatory bail. It rejected the anticipatory bail plea of Amarjit Ray, finding prima facie evidence of intent, but granted bail to Shiv Vinay Ray due to lack of injury evidence against him, subject to conditions under Section 482(2) of the Bihar Criminal Procedure Code.

Issues considered

  • Whether the alleged assault demonstrates the intention to cause death required under Section 109 of the Bihar Penal Code.
  • Whether anticipatory bail should be granted to the petitioners in light of the evidence of injuries.
  • Whether bail can be granted to the second petitioner in the absence of an injury report.

Legislation cited

Subjects

  • anticipatory bail
  • intention to cause death
  • assault
  • incised injuries
  • Section 109
  • Section 482
  • bail conditions
  • free fight
  • FIR

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41890 of 2026
                        Arising Out of PS. Case No.-21 Year-2026 Thana- DORIGANJ District- Saran
                 ======================================================
           1.     Amarjit Ray @ Amarjit Rai Son of Rup Narayan Ray Resident of Village -
                  Balwan Tola, P.S.- Doriganj, District - Saran, Bihar.
           2.    Shiv Vinay Ray Son of Rup Narayan Ray Resident of Village - Balwan Tola,
                 P.S.- Doriganj, District - Saran, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ghanshyam Tiwary
                 For the Opposite Party/s :        Mr.Chandra Bhushan Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   01-07-2026                     Heard the parties.

                                2. The petitioners are named in the F.I.R. and

                   apprehending their arrest in connection with Doriganj P.S.

                   Case No. 21 of 2026 registered for the offences punishable

                   under Sections 126(2), 115(2), 118(1), 109, 117(2),

                   303(2), 352, 3(5) of BNS.

                                3. The allegation against petitioners is to assault

                   informant by means of farsa causing head injuries. Alleged

                   assault was made with an intention to cause death of

                   informant/ injured, where occurrence alleged arising out of

                   previous enmities.
Patna High Court CR. MISC. No.41890 of 2026(2) dt.01-07-2026
                                            2/4




                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that occurrence was free fight in

          nature where both parties received injuries. It is submitted

          that for the same set of occurrence petitioners side also

          lodged a case which has been registered as Doriganj P.S.

          Case No. 20 of 2026. It is further argued that petitioner no.

          1 alleged to assault specifically to the informant namely, Hari

          Lal Ray, which upon medical examination found simple in

          nature, and therefore, it can be said safely that petitioners

          were not under intention to cause death. It is submitted that

          injury as received by petitioners not appears explained

          through FIR. Petitioners claimed clean antecedent.

                       5. It is argued that only ornamental allegation is

          available against petitioner no. 2 to assault the uncle of the

          informant during the course of occurrence for which no

          injury report is available on record.

                       6. Learned APP while opposing the prayer of bail as

          preferred by the petitioners submitted that the injury report

          of informant namely, Hari Lal Ray suggest that he received

          five incised wound during the occurrence, where one was on
Patna High Court CR. MISC. No.41890 of 2026(2) dt.01-07-2026
                                             3/4




          vertex and one on the thigh. Injury report is not speaking

          about the position of rest three injuries but these wounds are

          opined as incised wound, which appears corroborating with

          nature of weapon alleged to be used by petitioner no. 1 to

          cause injuries upon the informant namely, Hari Lal Ray.

                       7. It is submitted that only nature of injury is not

          the criteria to make out the intention to cause death, within

          the meaning of Section 109 of BNS. Learned APP in support

          of his submission relied upon the legal report of Hon’ble

          Supreme Court as available through State of Himachal

          Pradesh vs. Shamsher Singh reported in 2025 INSC

          503, however it is conceded by learned APP that injury of

          uncle of informant is not available on record.

                       8. In view of aforesaid factual submission and by

          taking note of fact as the allegation to cause repeated

          incised injuries (total of five in number) appears available

          against      petitioner      no.    1,    which      prima-facie   appears

          corroborating to be caused by sharp edge weapon like

          “farsa” through which alleged assault was made, accordingly

          the prayer of anticipatory bail of petitioner no. 1 namely,
              Patna High Court CR. MISC. No.41890 of 2026(2) dt.01-07-2026
                                                          4/4




                        Amarjit Ray @ Amarjit Rai stands rejected.

                                     9. Further, as no injury report available as alleged

                        to be caused by petitioner no. 2 namely, Shiv Vinay Ray,

                        upon uncle of the informant, accordingly petitioner no. 2

                        namely, Shiv Vinay Ray, in the event of his arrest or

                        surrender before the court below within a period of four

                        weeks, are directed to be released on bail, furnishing bail

                        bond of Rs. 10,000/- (Rupees Ten Thousand) with two

                        sureties of the like amount each to the satisfaction of the

                        learned ACJM VIII, Saran /concerned Court, where the case

                        is pending in connection with Doriganj P.S. Case No. 21 of

                        2026, subject to the conditions as laid down under Section

                        482(2) of BNSS.



                                                                    (Chandra Shekhar Jha, J)
Sudha/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.