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Patna High Court

Sunil RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to pre‑arrest bail subject to a bail bond and conditions.

Summary

The petitioner, Sunil Ray, applied for pre‑arrest bail in a case registered under multiple sections of the Bihar Negotiable Security Act (BNS) for allegedly assaulting an informant and stealing Rs.12,000 and a gold chain. He claimed the incident arose from a heated dispute with the informant and that any injury inflicted was accidental, in self‑defence, and simple in nature as per the medical report. The State opposed the bail, citing the seriousness of the offences. The court, after reviewing the FIR, injury report, and submissions, found a prima facie case for bail, noting the injury was simple and the alleged act could be self‑defence. Consequently, the court ordered the petitioner’s release on pre‑arrest bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) BNS, and directed verification of any other criminal antecedents.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail under Section 438 Cr.P.C. and Section 482 BNS given the nature of the alleged offences.
  • Whether the claim of self‑defence and the simple nature of the injury affect the bail decision.
  • Whether the petitioner’s alleged involvement in other criminal cases should preclude the grant of bail.

Legislation cited

Subjects

  • pre‑arrest bail
  • self‑defence
  • simple injury
  • Bihar Negotiable Security Act
  • Criminal Procedure Code
  • bail bond
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.638 of 2026
                      Arising Out of PS. Case No.-595 Year-2025 Thana- DARIYAPUR District- Saran
                 ======================================================
                 Sunil Ray Late Yogendra Ray @ Yogi Ray Resident of Village- Barway,
                 Police station- Dariyapur, District- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Mili Kumari, Advocate.
                 For the Opposite Party/s :       Mr. Braj Kishore Prasad, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   03-04-2026                     Heard learned counsel appearing on behalf of the

                   petitioner and learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Dariyapur P.S. Case No. 595 of 2025 registered for the

                   offence punishable under Sections 126(2), 115(2), 118(1),

                   303(2), 109, 352, 351(2) and 3(5) of the BNS.

                                3. As per the allegation made in the F.I.R., while the

                   informant was returning to his home at 02:30 A.M., the

                   petitioner and other co-accused assaulted the informant and

                   snatched a sum of Rs.12,000/- from the pocket of the informant

                   and gold chain.

                                4. Learned counsel appearing on behalf of the

                   petitioner submitted that the petitioner is innocent and he has

                   committed no offence as alleged in the F.I.R. Both the parties
Patna High Court CR. MISC. No.638 of 2026(3) dt.03-04-2026
                                            2/3




          are co-villagers and due to hot talk between them, they indulged

          into fierce fight and as a result of heat of passion and spur of the

          moment, the petitioner may have caused some injury to the

          informant in his self defence without intention. As per the

          opinion of the doctor, the injury sustained by the informant is

          simple in nature.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of pre-arrest bail to the petitioner.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, having perused the allegation made in

          the F.I.R. and the injury report, the petitioner may have caused

          some injury to the informant in his self defence without

          intention and as per the opinion of the doctor, the injury

          sustained by the informant is simple in nature, I find that the

          petitioner has, prima facie, made out a case to be released on

          pre-arrest bail.

                       7. The petitioner, above named, is directed to be

          released on pre-arrest bail, in the event of his arrest or surrender

          before the Court below within a period of four weeks from

          today, 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, Chapra, Saran in
           Patna High Court CR. MISC. No.638 of 2026(3) dt.03-04-2026
                                                       3/3




                     connection with Dariyapur P.S. Case No. 595 of 2025, subject to

                     the condition as laid down under Section 438(2) Cr.P.C / 482(2)

                     BNSS.

                                  8. The District Court is directed to verify the criminal

                     antecedent of the petitioner and if it is found that the petitioner

                     is involved in some other cases as what has been stated in Para-

                     3 of the bail petition, this order will automatically lose its force.

                                  9. The bail application stands disposed of.



                                                                (Purnendu Singh, J)
mantreshwar/-

U      T


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