Patna High Court
Suresh RayversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- HARISH KUMAR
Holding
The Court denied anticipatory bail to petitioner No.1 but granted bail to petitioners No.2‑5 with conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioners, five brothers from Jagdishpur, sought anticipatory bail after being implicated in a violent assault case (PS Case No. 150 of 2025) under multiple sections of the Bharatiya Nyaya Sanhita, 2023. The FIR alleged that they entered the informant's house and assaulted him with lathis, danda and an iron rod, causing grievous injury, with a specific charge against petitioner No.1 for assaulting the informant's shoulder. The petitioners argued that the incident stemmed from a neighbour dispute and that the injury, though serious, was to a non‑vital part, and they offered to cooperate with the investigation. The State contended that the petitioners have criminal antecedents and that petitioner No.1 bears a specific charge, while the others participated actively. The Court denied anticipatory bail to petitioner No.1 but granted bail to petitioners No.2‑5, subject to a Rs.10,000 bond, two sureties, and the condition that one bailor be a close family member, invoking Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to petitioner No.1 who faces a specific charge of causing grievous injury.
- Whether bail can be granted to petitioners No.2‑5 despite omnibus allegations of participation in the assault.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 117(2), 126(2), 190, 191(2), 303(2), 329(4), 351(2), 351(3), 352, 74, 75
Subjects
- anticipatory bail
- bail conditions
- assault
- grievous injury
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73490 of 2025
Arising Out of PS. Case No.-150 Year-2025 Thana- JAGDISHPUR District- Bhojpur
======================================================
1. Suresh Ray Son of Uma Shyam Ray @ Manu Ray Resdient of Village
Paliyan, P.O and P.S. - Jagdishpur, District - Bhojpur, Bihar.
2. Ramesh Ray Son of Uma Shankar Ray Resdient of Village Paliyan, P.O and
P.S. - Jagdishpur, District - Bhojpur, Bihar.
3. Dinesh Ray Son of Uma Shankar Ray Resdient of Village Paliyan, P.O and
P.S. - Jagdishpur, District - Bhojpur, Bihar.
4. Radhe Shyam Ray @ Manu Ray @ Radheshyam Rai Son of Uma Shankar
Ray Resdient of Village Paliyan, P.O and P.S. - Jagdishpur, District -
Bhojpur, Bihar.
5. Sonu Ray Son of Suresh Ray Resdient of Village Paliyan, P.O and P.S. -
Jagdishpur, District - Bhojpur, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nagadeo Choubey, Adv.
For the Opposite Party/s : Mr. Anita Kumari, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
5 11-02-2026 Heard learned Advocate appearing on behalf of the
petitioners and the learned Additional Public Prosecutor for the
State as well as the learned Advocate for the informant.
2. The petitioners are apprehending their arrest in
connection with Jagdishpur P.S. Case No. 150 of 2025,
registered for the offences punishable under Sections 191(2),
190, 126(2), 115(2), 117(2), 303(2), 329(4), 351(2), 351(3), 352,
74 and 75 of the Bharatiya Nyaya Sanhita, 2023.
3. Allegedly in the morning of the fateful day, the
petitioners alongwith others barged into the house of the
Patna High Court CR. MISC. No.73490 of 2025(5) dt.11-02-2026
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informant and brutally assaulted to the informant and others by
means of lathi, danda and iron rod; besides there is allegation of
snatching of the valuables. There is a specific accusation against
the petitioner no. 1 of causing assault over the shoulder of the
informant, due to which he sustained serious injury.
4. Learned Advocate appearing on behalf of the
petitioners taking this Court through the FIR contended that the
motive of the occurrence has not been disclosed and, in fact, the
parties are neighbours and they are bickering over some
previous dispute which resulted into a scuffle, leading to
unfortunate injury. Though the injury which is sustained to the
informant is concerned, the same is though grievous in nature,
but on non-vital part. So far the petitioner nos. 2 to 5 are
concerned, there is omnibus allegation against them of causing
assault. The petitioners undertake that they will fully cooperate
in the proceeding.
5. On the other hand, learned Advocate for the State
and the learned Advocate for the informant vehemently opposed
the pre-arrest bail application and submits that besides the fact
the petitioners bear criminal antecedent, there is a specific
accusation against petitioner no. 1 of causing assault to the
informant, which led to grievous injury. The other petitioners
Patna High Court CR. MISC. No.73490 of 2025(5) dt.11-02-2026
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have also actively participated in the crime.
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the specific accusation against the petitioner no.1, this Court is
not acceded to the prayer for anticipatory bail of the petitioner
no. 1. However, considering the omnibus nature of allegation
against the other petitioner nos. 2 to 5, coupled with the genesis
of the occurrence, let the petitioner nos. 2 to 5 be released on
bail, in the event of their arrest or surrender before the court
below within a period of four weeks from the date of
receipt/production of a copy of this order, upon furnishing bail
bonds of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Additional Chief
Judicial Magistrate, 1st, Bhojpur, Ara in connection with
Jagdishpur P.S. Case No. 150 of 2025, subject to the conditions
laid down in Section 482(2) of the Bharatiya Nagrik Suraksha
Sanhita, 2023 with the further condition that one of the bailors
shall be the own/close family members of the petitioners.
(Harish Kumar, J)
supratim/-
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