Patna High Court
Sunil RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
- Bihar Negotiable Security Act — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
- Criminal Procedure Code — s. 438(2)
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
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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
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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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