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Patna High Court

Gango Ray @ Ganga RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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