Patna High Court
Santosh RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner upon furnishing the prescribed bail bond and sureties.
Summary
The petitioner, Santosh Ray, was arrested in connection with a case involving alleged assault, robbery and possession of a firearm, charged under multiple sections of the B.N.S. and Section 27 of the Arms Act. The prosecution alleged that the petitioner and co‑accused opened fire on an informant and his cousin, causing injuries and stealing a golden chain. The petitioner contended that the FIR’s allegation of a gunshot was unsupported, that the injuries were simple and later classified as grievous without specifying the weapon, and that the dispute was a familial land conflict. After hearing both sides, the court considered the seriousness of the offences, the petitioner’s custody since April 2025, and the fact that a co‑accused had already been granted bail. The court ordered the petitioner to furnish a bail bond of Rs 10,000 with two sureties and directed his release on bail, subject to cooperation with the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the grave nature of the offences alleged under the B.N.S. and the Arms Act.
Legislation cited
Subjects
- regular bail
- criminal procedure
- B.N.S. sections
- Arms Act
- grievous injury
- land dispute
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47936 of 2025
Arising Out of PS. Case No.-290 Year-2024 Thana- MANSI District- Khagaria
======================================================
Santosh Ray Son of Ganesh Ray Resident of Saidpur PS- Mansi District-
Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar Singh
For the Opposite Party/s : Mr.Anuj Kumar Shrivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 20-01-2026 Heard the learned counsel for the petitioner as well as
the learned Additional Public Prosecutor for the State.
2. The petitioner has preferred this application for grant
of regular bail in connection with Mansi P.S. Case No. 290 of
2024, registered for the offences punishable under Sections 190,
191(2), 191(3), 115(2), 126(2), 109, 303(2), 352 and 351(2) of
B.N.S. and 27 of Arms Act.
3. The prosecution alleges that while the informant and
his cousin were ploughing, the petitioner and other accused
persons, carrying a rifle and an iron rod, confronted them. The
informant and his cousin were injured, and others who came to
assist were also affected. It is further alleged that the accused took
the informant’s golden chain and threatened him.
4. The learned counsel for the petitioner has submitted
that the specific allegation against the petitioner is of opening fire,
which allegedly hit the head of the informant, but the injuries were
simple in nature, caused by hard and blunt substance, which does
Patna High Court CR. MISC. No.47936 of 2025(3) dt.20-01-2026
2/2
not corroborate the allegation made in the FIR. He has also
submitted that after five months, the nature of the injuries was re-
examined by the Medical Board, which found them to be grievous,
without specifying the nature of the weapon whereby the injuries
were caused. Both the parties are agnates and there is land dispute
between them. The petitioner has been in custody since
26.04.2025. Co-accused Chhotu Rai has been granted bail.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named, is directed to
furnish bail bond and on doing so, the court below shall release the
petitioner on bail on furnishing bail bonds of Rs.10,000/- with
two sureties of the like amount each to the satisfaction of learned
J.M.-Ist Class, Khagaria/Concerned Court in connection with
Mansi P.S. Case No. 290 of 2024, subject to the following
conditions that the petitioner shall cooperate in the disposal of
trial and make himself available as and when required by the
court.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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