Patna High Court
Vijay Rai @ Vijay Roy @ Vijay Palawal @ Vijay Ray @ Vijay Kumar Ray @ PhalwanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to petitioner No.1 and granted to petitioner No.2 subject to bond and surety conditions.
Summary
The petitioners, Vijay Rai and Saroj Rai, sought anticipatory bail in a case registered under multiple offences of the Bharatiya Nyaya Sanhita, including sections relating to assault, ransom demand, and other serious crimes. The FIR alleged that petitioner No.1 demanded ransom, looted cash and jewellery, and assaulted an informant with a pistol, while no specific overt act was alleged against petitioner No.2. Both petitioners have a prior criminal antecedent and are currently on bail for another case. The Court, after hearing counsel, refused anticipatory bail to petitioner No.1, finding the nature of the accusations and his antecedent sufficient to deny relief. Conversely, the Court granted anticipatory bail to petitioner No.2, subject to a bail bond of Rs.10,000 and two sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, with the condition that he surrender within eight weeks.
Issues considered
- Whether anticipatory bail should be granted to petitioner No.1 under the Bharatiya Nyaya Sanhita offences alleged against him.
- Whether anticipatory bail should be granted to petitioner No.2 despite the lack of a specific overt act allegation.
- Whether the petitioners' prior criminal antecedent warrants denial of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 117, 121(1), 126, 190, 191(2), 191(3), 303(2), 308(5), 351(2), 352
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- section 482
- prior criminal antecedent
- assault
- ransom demand
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5601 of 2026
Arising Out of PS. Case No.-76 Year-2025 Thana- DALSINGHSARAI District- Samastipur
======================================================
1. Vijay Rai @ Vijay Roy @ Vijay Palawal @ Vijay Ray @ Vijay Kumar Ray
@ Phalwan S/O Late Mauje Ray @ Late Mauje Rai @ Late Mauje Lal Ray
R/O Village - Makdampur Konaila , Police Station - Dalsingsarai , District -
Samastipur.
2. Saroj Rai @ Saroj Ray @ Amarjeet Ray S/O Late Ganga Prasad Rai @ Late
Ganga Prasad Ray R/O Village- Makdampur Konaila, P.S- Dalsingsarai,
Distt- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Pratap, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 191(2), 191(3), 190,
126, 121(1), 117, 109, 308(5), 303(2), 352, 351(2) of the
Bharatiya Nyaya Sanhita.
3. As per F.I.R., petitioner no. 1 demanded ransom,
looted cash and jewellery and assaulted on the head of
informant by means of butt of pistol. It is further alleged that all
the named accused persons, including these petitioners assaulted
informant and others and looted cash from his shop.
Patna High Court CR. MISC. No.5601 of 2026(2) dt.04-02-2026
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4. Learned counsel appearing for the petitioners
submits that specific accusation of assault and demanding
ransom is against petitioner No. 1. So far petitioner no. 2 is
concerned, there is no allegation of any specific overt act
against him. Petitioners have got one criminal antecedent in
which they are on bail.
5. Learned counsel for the State vehemently opposed
the bail application.
6. Considering the nature of accusation and criminal
antecedent, prayer for anticipatory bail of petitioner No. 1 is
refused.
7. However, considering the nature of accusation
against petitioner no. 2, the anticipatory bail with regard to
petitioner no. 2 is allowed and it is ordered that the above
named petitioner no. 2 in the event of his arrest/surrender before
the court below within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of Additional Chief Judicial Magistrate-I,
Dalsinghsarai, Samastipur in connection with Dalsinghsarai P.
S. Case No. 76 of 2025, subject to condition as laid down under
Patna High Court CR. MISC. No.5601 of 2026(2) dt.04-02-2026
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Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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