Patna High Court
Gango Ray @ Ganga RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioners subject to specified conditions.
Summary
The petitioners, Gango Ray and Kongresh Ray, applied for anticipatory bail fearing arrest in a case alleging looting of 16 quintals of wheat at gunpoint and related offences under the IPC and Bharatiya Nyaya Sanhita. The prosecution alleged offences including robbery, assault, criminal intimidation and conspiracy, and opposed the bail. The petitioners contended that the incident stemmed from a land dispute, that the FIR was delayed by five days, no arms charge was filed, and they had prior bail antecedents, undertaking to maintain peace and not tamper with evidence. The court examined whether the seriousness of the alleged offences and procedural lapses warranted denial of bail. Considering the circumstances, the court granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, including surety requirements and compliance directives.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged looting, assault and intimidation.
- Whether the delay in filing the FIR and absence of an Arms Act charge affect the grant of bail.
- Whether the petitioners' prior antecedents and the nature of the alleged offences preclude anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 119(1), 329(3), 3(5), 351(2), 352
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 323, 327, 34, 447, 504, 506
Subjects
- anticipatory bail
- Criminal Procedure
- IPC offences
- land dispute
- bail conditions
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6682 of 2026
Arising Out of PS. Case No.-156 Year-2025 Thana- MOKAMAH District- Patna
======================================================
1. Gango Ray @ Ganga Ray S/o Late Ramchandra Ray R/o Village - Naya
Tola Mekra, P.S - Mokama, District - Patna
2. Kongresh Ray @ Kangresh Ray S/o Gango Ray @ Ganga Ray R/o Village -
Naya Tola Mekra, P.S - Mokama, District - Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar Pandey
For the Opposite Party/s : Mr.Ganesh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 04-02-2026 Heard the learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The petitioners are apprehended their arrest in
connection with Mokama P.S. Case No. 156 of 2025, F.I.R dated
05.04.2025 registered for the offences punishable under
Sections of 447, 323, 327, 506, 504 & 34 the Indian Penal Code
and 329(3), 115(2), 119(1), 352, 351(2), 3(5) Bharatiya Nyaya
Sanhita, 2023.
3. According to prosecution case, on 04.04.2025 at 12
‘o’ Clock night, the accused persons have looted sacks of wheat
which is weight about 16 quintals at gun point. It is further
alleged that all accused persons fired and created havoc and
assaulted the informant and threatened them.
Patna High Court CR. MISC. No.6682 of 2026(2) dt.04-02-2026
2/3
4. Learned counsel for the petitioners submits that for
an existing land dispute, the instant case is said to have been
lodged making an allegation of looting sacks of wheat to the
tune of 16 quintals at gunpoint, whereas, in the First Information
Report no case has been registered under the Arms Act. It is
next submitted that the petitioners have two antecedents, in
which he is on bail, and they are not akin to the instant case, and
there is a delay of about 05 days in registering the F.I.R. The
petitioners undertake to maintain peace and harmony with the
informant and the family members and would not tamper with
the evidence.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances,
accordingly, this Court is inclined to grant the privilege of
anticipatory bail to the petitioners.
7. Let the petitioners, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, 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 the learned A.C.J.M, III or his successor, Barh,
Patna High Court CR. MISC. No.6682 of 2026(2) dt.04-02-2026
3/3
District-Patna in connection with Mokama P.S. Case No. 156 of
2025, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure / Section 482(2) of
the Bhartiya Nagarik Suraksha Sanhita and with other following
conditions:-
(i) one of the bailors should be the family
member/relative of the petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
abhishekkr/-
U T
Checking your session…