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Patna High Court

Suresh RayversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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

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
                                                         3/3




                       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/-

U      T


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