Patna High Court
Dey Vinay Ray @ Dev Babu @ Dev Vinay Ray @ Dev Babu RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court granted anticipatory bail to the petitioner with specified conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Dey Vinay Ray, sought anticipatory bail in connection with a case alleging assault and other offences under several sections of the Bihar Negotiable Statutes (BNS). The prosecution alleged that the petitioner, along with co‑accused, engaged in a violent altercation, assaulting the informant and his uncle with weapons, causing a fracture to the uncle's left hand. The petitioner contended that the incident was a mutual free fight and that he had no prior criminal record. The court examined the injury report, noting that while one injury was grievous, it did not affect a vital part of the body, and recognized the existence of a reciprocal case filed by the co‑accused. Considering these facts, the court granted anticipatory bail on the condition that the petitioner surrenders within six weeks and furnishes a bail bond with two sureties, subject to verification of his antecedents under Section 482(2) of the B.N.S.S. The order also imposed a condition for cancellation of bail if the petitioner concealed any criminal antecedents.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite allegations of assault causing a grievous injury.
- Whether the existence of a mutual free fight and reciprocal cases influences the grant of bail.
- Whether the injury, though grievous, affects a vital part of the body, warranting bail denial.
Legislation cited
Subjects
- anticipatory bail
- assault
- grievous injury
- free fight
- Section 482
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44786 of 2026
Arising Out of PS. Case No.-21 Year-2026 Thana- DORIGANJ District- Saran
======================================================
Dey Vinay Ray @ Dev Babu @ Dev Vinay Ray @ Dev Babu Ray S/o Rup
Narayan Ray R/o- Village- Balwan Tola, P.s- Doriganj Dist- Saran Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Advocate
: Mr. Ghanshyam Tiwary, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 08-07-2026 Heard the learned senior counsel for the petitioner
and the learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Doriganj P.S. Case No. 21 of 2026, for
allegedly having committed offence under Sections 126(2),
115(2), 118(1), 109, 117(2), 303(2), 352 and 3(5) of the BNS.
3. As per the prosecution story, which has been
lodged on the basis of the written report submitted by the
informant to the effect that on the date of occurrence, the
petitioner along with other co-accused persons came armed with
lathi and farsa and stated using filthy language against the
informant and others. Co-accused Amarjeet Rai assaulted on the
head of the informant with a farsa due to which, he sustained
Patna High Court CR. MISC. No.44786 of 2026(2) dt.08-07-2026
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injuries. When the uncle of the informant, namely, Girija
Nandan came to rescue him, the petitioner assaulted him with an
iron rod on his head, however while trying to save himself with
his hand, his left hand got fractured. It has further been alleged
that co-accused Shiv Vinay assaulted on the head of the uncle of
the informant with an iron rod, due to which he sustained
injuries and co-accused Ashwini Kumar snatched gold chain
from the neck of the informant.
4. The learned senior counsel for the petitioner
submits that the petitioner is innocent and has not committed
any offence. He further submits that there was a free fight in
between the parties for which, co-accused Amarjeet Rai also
lodged Doriganj P.S. Case No. 20 of 2026 and the present case
is a counter-blast of Doriganj P.S. Case No. 20 of 2026. He
further submits that the even the injuries sustained by the
injured Girija Nandan Rai have been found to be simple in
nature by the treating doctor, however one of the injuries, which
is a fracture, has been found greivous in nature. The petitioner
has got a clean antecedent.
5. Per contra, the learned APP for the State
vehemently opposes the prayer for bail of the petitioner and
submits that there is specific allegation of assault against the
Patna High Court CR. MISC. No.44786 of 2026(2) dt.08-07-2026
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petitioner on the left hand of the uncle of the informant and one
of the injuries have been found to be grievous in nature.
6. Having heard the rival submissions and after going
through the record, it appears that there was a free fight in
between the parties for some dispute, for which case and
counter case has been lodged by both the parties. The co-
accused Amarjeet Rai lodged Doriganj P.S. Case No. 20 of 2026
and the present case has been lodged by the informant as a
counter-blast to the Doriganj P.S. Case No. 20 of 2026. From
perusal of the injury report, which has been brought on record
vide Annexure-2 to the present anticipatory bail petition, it
would transpire that one of the injuries is grievous in nature i.e.
fracture of the left hand of the uncle of the informant, however,
the same is not on the vital part of the body. Considering the
facts and circumstances of the case, let the petitioner, above
named, in the event of arrest or surrender within a period of six
weeks, 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 learned A.C.J.M.-VIII, Saran at
Chapra in connection with Doriganj P.S. Case No. 21 of 2026,
subject to the conditions as laid down under Section 482(2) of
the B.N.S.S., with further condition:
Patna High Court CR. MISC. No.44786 of 2026(2) dt.08-07-2026
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(1) 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
antecedents, the court concerned shall take steps 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)
AjayMishra/-
U T
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