Patna High Court
Arun Ray @ Arjun RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners.
Summary
The petitioners, six men from Gadhochak village, applied for anticipatory bail fearing arrest in a case registered under several sections of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The prosecution alleged that on 29 August 2025 the petitioners stopped and assaulted an informant with lathis and that petitioner No.4 fired at him, though no firearm injury was reported. The petitioners contended they were innocent, that the dispute stemmed from a pending land suit and that the allegations were vague and unsubstantiated. The State opposed the bail. Considering the nature of the accusations, the familial relationship between the parties, and the absence of any firearm injury, the court granted anticipatory bail subject to a bond and sureties, with the condition that the bail be enlarged if they are arrested within eight weeks. The order was made under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita and the Arms Act given the alleged assault and firing incident.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 3(5), 351(2), 351(3), 352
Subjects
- anticipatory bail
- assault
- firearms
- land dispute
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5145 of 2026
Arising Out of PS. Case No.-241 Year-2025 Thana- NADI P.S. District- Patna
======================================================
1. Arun Ray @ Arjun Ray S/o Late Krishna Ray R/o vill - Gadhochak, P.S.-
Nadi, Distt.- Patna
2. Munna Kumar S/o Shri Bhagwan Ray @ Bhagwan Ray R/o vill -
Gadhochak, P.S.- Nadi, Distt.- Patna
3. Vikash Kumar S/o Shri Bhagwan Ray @ Bhagwan Ray R/o vill -
Gadhochak, P.S.- Nadi, Distt.- Patna
4. Akash Kumar S/o Ram Ray @ Shri Ram Ray R/o vill - Gadhochak, P.S.-
Nadi, Distt.- Patna
5. Shriram Ray @ Ram Ray S/o Late Laddu Ray @ Laddu Ray R/o vill -
Gadhochak, P.S.- Nadi, Distt.- Patna
6. Rambabu Ray S/o Late Laddu Ray @ Laddu Ray R/o vill - Gadhochak, P.S.-
Nadi, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 109,
352, 351(2), 351(3), 3(5) of the Bharatiya Nyaya Sanhita and
Section 27 of the Arms Act.
3. Prosecution case, in brief, is that on 29.8.25 at
about 6:45 AM, when informant was going to purchase fodder
Patna High Court CR. MISC. No.5145 of 2026(2) dt.03-02-2026
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from the shop of Rambriksh Ji, on the way, these petitioners
stopped informant, abused and assaulted him by means of lathi,
danda. It is further alleged that petitioner no. 4 fired upon
informant.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence. Both
parties are close-relatives and descendants of common ancestor.
It is further submitted that on account of land dispute, for which
Title Suit No. 137 of 2025 is already pending between the
parties, altercation took place in which both parties inflicted
injury on each other. Allegation of assault is general and
omnibus and there is no specific allegation of overt act against
these petitioners. Though there is allegation of firing against
petitioner no. 4 but no one sustained any firearms injury.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering nature of accusation, relationship
between the parties and the fact that no one sustained any
firearms injury, this anticipatory bail is allowed and it is ordered
that let the above named petitioners in the event of their
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
Patna High Court CR. MISC. No.5145 of 2026(2) dt.03-02-2026
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of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of Judicial Magistrate, 1st Class,
Patna City, Patna in connection with Nadi P. S. Case No. 241 of
2025, subject to condition as laid down under Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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