Patna High Court
Ricky Rai @ Riti Rai @ Ricky @ Riti KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court allowed the application and granted anticipatory bail to the petitioners subject to specified conditions.
Summary
The petitioners, Ricky Rai, Golu Kumar and Jai Prakash, applied for anticipatory bail fearing arrest in connection with Bakhtiyarpur Police Station Case No. 322 of 2025, which alleged offences under several sections of the B.N.S. including assault and robbery. The prosecution alleged that the petitioners brutally assaulted an informant and snatched a golden chain. The petitioners contended that the case was fabricated, pointing to inconsistencies in the injury report and asserting that the informant’s injuries resulted from a motorcycle fall, not an assault, and that they have a clean criminal record. The learned Additional Public Prosecutor opposed the bail. The High Court, after considering the submissions, granted anticipatory bail under Section 438(2) of the CrPC and Section 482(2) of the B.N.S., imposing conditions such as bail bonds, sureties, presence before the trial court, and verification of antecedents. The order was made without prejudice to any observations that may affect the trial, and the application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC in view of the alleged offences.
- Whether the allegations against the petitioners constitute a false or fabricated case.
- Whether the petitioners' clean antecedent and the inconsistencies in the injury report justify bail.
Legislation cited
- B.N.S. — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.
- false case allegation
- criminal antecedent
- Bihar criminal law
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6216 of 2026
Arising Out of PS. Case No.-322 Year-2025 Thana- BAKHTIYARPUR District- Patna
======================================================
1. Ricky Rai @ Riti Rai @ Ricky @ Riti Kumar Son of Ashok Ray Resident of
Village- Champapur, P.S.- Bakhtiyarpur, District- Patna
2. Golu Kumar @ Abhinandan Rai @ Golu Son of Anil Rai Resident of
Village- Champapur, P.S.- Bakhtiyarpur, District- Patna
3. Jai Prakash @ Jai Prakash Kumar @ Jai Prakash Rai Son of Pramod Rai
Resident of Village- Champapur, P.S.- Bakhtiyarpur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Usha Kumari Singh, Adv.
For the Opposite Party/s : Mr.Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners apprehend their arrest in connection
with Bakhtiyarpur P.S. Case No. 322 of 2025 registered for the
offences punishable under Sections 126(2), 115(2), 109, 352,
351(2), 303(2) and 3(5) of the B.N.S.
3. As per the prosecution case, the petitioners had
brutally assaulted the informant and had snatched the golden
chain.
4. The learned counsel for the petitioners submits that
the present case is false and concocted one and from perusal of the
Patna High Court CR. MISC. No.6216 of 2026(2) dt.04-02-2026
2/3
injury report, it would be evident that there is reference to the
treatment from a private hospital a day before an occurrence and
moreover from the certificate which has been granted in favour of
the informant, he had been examined at 4:50 P.M. on 07.07.2025
while the incident itself is said to have been occurred at 5:00 P.M.
at 07.07.2025. It has further been submitted that the informant
sustained injury due to fall from the motorcycle and only to falsely
implicate the petitioners, the present case has been lodged. It has
lastly been submitted that the petitioners have clean antecedent.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioners.
6. Considering the aforesaid submissions made by the
parties and taking into account the facts and circumstances of the
case, the petitioners above named, are directed to be released on
anticipatory bail, in the event of arrest or surrender before the
Court below within a period of four weeks from today, on
furnishing bail-bonds of Rs. 10,000/-(Rupees Ten Thousand)each
with two sureties of the like amount each to the satisfaction of the
learned Court below where the case is pending/successor court in
connection with Bakhtiyarpur P.S. Case No. 322 of 2025, subject
to the conditions as laid down under Section 438(2) of the Code of
Criminal Procedure read with corresponding Section 482(2) of
BNSS as well as subject to the following conditions:-
Patna High Court CR. MISC. No.6216 of 2026(2) dt.04-02-2026
3/3
(i) One of the bailors will be a close relative of the
petitioners.
(ii) The petitioners shall remain physically present
before the concerned Court on each and every date of the trial and
shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the petitioners
will be liable to be cancelled by the Court concerned.
(iv) The trial court shall verify the criminal antecedent
of the petitioners and in case, at any stage, it is found that the
petitioners have concealed their criminal antecedents, the trial
court shall take necessary steps for cancellation of bail bonds of
the petitioners. 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.
7. It is made clear that the observations, if any, made in
this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
Checking your session…