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Patna High Court

Sunil RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, Sunil Ray, subject to conditions under Section 438 CrPC and Section 482(2) of the BNS Act, 2023.

Summary

The petitioner, Sunil Ray, applied for anticipatory bail in a case (Mansi PS Case No. 290 of 2024) involving alleged assault and use of firearms under several sections of the Bihar Negotiable Sale (BNS) Act, 2023 and the Arms Act. The FIR alleged that the petitioner, along with co‑accused, prevented the informant from ploughing his field, assaulted him and his relatives, and discharged a firearm causing injuries. The petitioner contended that he was falsely implicated due to a long‑standing land dispute and that no specific allegation of assault was made against him, noting that similarly situated co‑accused had already been granted anticipatory bail. The informant opposed the bail, asserting that the petitioner participated in an unlawful assembly that caused grievous injuries. Considering the lack of a specific charge against the petitioner, the existence of a counter‑case, and the precedent of bail granted to co‑accused, the court inclined to grant anticipatory bail, directing the petitioner to surrender within four weeks and furnish a bail bond with sureties.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC given the allegations in the FIR.
  • Whether the specific allegations in the FIR sufficiently implicate the petitioner for the offences charged.
  • Whether the existence of a pending land dispute and a counter‑case influences the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • land dispute
  • assault
  • unlawful assembly
  • Arms Act
  • Section 438 CrPC
  • Section 482 BNS
  • Bihar criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA

                              CRIMINAL MISCELLANEOUS No.56965 of 2025
                       Arising Out of PS. Case No.-290 Year-2024 Thana- MANSI District- Khagaria
                 ======================================================
                 Sunil Ray Son of Sonelal Ray Resident of Village - Saidpur, Police Station -
                 Mansi, District - Khagaria.


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vivekanand Singh, Adv.
                 For the Opposite Party/s :       Mr. Rabindra Kumar, App.
                 For the Informant        :       Ms. Muskan Singh, Adv.
                 ======================================================

                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

                                                  ORAL ORDER

2   17-02-2026                     1. Heard learned Counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                   2. This application, for grant of anticipatory bail,

                   arises out of Mansi Police Station Case No. 290 of 2024,

                   disclosing offences under Sections 190, 191(2), 191(3), 115(2),

                   126(2), 109, 303(2), 352, 351(2) of the BNS, 2023 and Section

                   27 of the Arms Act.

                                   3. As per the FIR, on 04.12.2024 at about 3 p.m.,

                   while the informant, along with his cousin brother, was tilling

                   the field, the petitioner along with other accused persons having

                   rifle, three-nutt, iron rod, etc. in their hands, prevented the
Patna High Court CR. MISC. No.56965 of 2025(2) dt.17-02-2026
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          informant from ploughing the field and started abusing. When

          the cousin brother of the informant intervened, co-accused

          Chhotu Ray abused and assaulted the informant with iron rod on

          his head. Co-accused Santosh Ray also opened fire, which

          caused injury on the informant’s head. One Pinkesh Ray

          assaulted the cousin brother of the informant by iron rod. When

          the family members of the informant intervened, the accused

          persons also assaulted them with iron rod.

                          4. Learned counsel for the petitioner submits that

          petitioner has falsely been implicated in this case due to long-

          standing land dispute between the parties. Both the parties are

          agnates and a title partition suit bearing Title Partition Suit No.

          170 of 2012 is pending between the parties. A counter case has

          been lodged by the side of the petitioner against the informant

          bearing Mansi P.S. Case No. 293 of 2024. The specific

          allegation of assault is not against the petitioner and the

          allegation against him is general and omnibus in nature of

          assaulting the family members of the informant. The similarly

          situated co-accused persons have been granted anticipatory bail

          by a Co-ordinate Bench of this Court in Cr. Misc. No. 57831 of

          2024.

                          5. On the other hand, learned Counsel for the
Patna High Court CR. MISC. No.56965 of 2025(2) dt.17-02-2026
                                            3/4




          informant vehemently opposes the prayer for anticipatory bail

          and submits that the petitioner, along with other accused persons

          and by forming unlawful assembly, assaulted the informant and

          his family members, due to which informant and one Ankur

          Kumar have sustained grievous injury.

                          6. Having regard to the submissions made on

          behalf of the parties and taking into consideration the fact that

          specific allegation of assault is not there against the petitioner

          and the injuries sustained by the informant is not attributable to

          the petitioner, there is a case and counter-case between the

          parties, both the parties are agnates and similarly situated co-

          accused persons have been granted anticipatory bail by a Co-

          ordinate Bench of this Court, I am inclined to grant the

          petitioner privilege of anticipatory bail.

                          7. This application is, accordingly, allowed.

                          8. Let the petitioner, above named, in the event of

          his arrest or surrender before the Court below within four

          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 learned Judicial Magistrate, 1st Class,

          Khagaria, in connection with Mansi Police Station Case No. 290

          of 2024, subject to the condition laid down under Section 438
           Patna High Court CR. MISC. No.56965 of 2025(2) dt.17-02-2026
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                     (2) of the Code of Criminal Procedure/Section 482(2) of the

                     BNSS, 2023.



                                              (Anil Kumar Sinha, J)
HarshPandey/-

U      T


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