Patna High Court

Ajay Kumar @ Ajay Kumar RayversusThe State of Bihar

Decided: 9 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court held that bail may be granted to the petitioners under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, subject to surrender within eight weeks and furnishing the prescribed bail bond.

Summary

The petitioners, three brothers, filed a bail petition fearing arrest in a case registered under multiple offences of the Bhartiya Nyaya Sanhita and the Arms Act. They argued that the FIR only specifically implicated other co‑accused for assault, and that the allegations against them were general and omnibus with no specific overt act. The State and the informant opposed the bail, contending that the charges were serious and warranted custody. The Court examined whether the petitioners could be granted bail under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, considering the nature of the allegations and the pending investigation. It held that bail could be granted provided the petitioners surrendered within eight weeks and posted the required bail bond with sureties. Consequently, the Court ordered that bail be enlarged to the petitioners on a bond of Rs.10,000 each with two sureties, subject to the conditions stipulated.

Issues considered

Whether the petitioners are entitled to bail despite the FIR containing general allegations against them.
Whether the specific accusations against co‑accused preclude bail for the petitioners.
Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, permits the grant of bail in the present circumstances.

Legislation cited

Arms Act — s. 27
Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
Bhartiya Nyaya Sanhita — s. 109, 115(2), 126(2), 127(2), 190, 191(2), 191(3), 303(2), 351(2), 352

Subjects

bail
criminal procedure
Section 482
general allegations
land dispute
Bhartiya Nyaya Sanhita
Arms Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78725 of 2025
                   Arising Out of PS. Case No.-149 Year-2025 Thana- WARISNAGAR District- Samastipur
                 ======================================================
           1.     Ajay Kumar @ Ajay Kumar Ray S/O Ravindra Ray @ Ravindra Rai
                  Resident of Village- Purnahi, P.S.- Warisnagar, District- Samastipur,Bihar.
           2.    Rajeev Kumar @ Rajeev Kumar @ Rajiv Kumar S/O Ravindra Ray @
                 Ravindra Rai Resident of Village- Purnahi, P.S.- Warisnagar, District-
                 Samastipur,Bihar.
           3.     Vijay Kumar @ Vijay Kumar Ray S/O Ravindra Ray @ Ravindra Rai
                  Resident of Village- Purnahi, P.S.- Warisnagar, District- Samastipur,Bihar.
                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :        Mr.Madhav Kumar
                 For the State           :        Mr.Tapeshwar Sharma
                 For the Informant       :        Mr.Shubhesh Pandey & Mr.Vinit Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   09-02-2026                  Heard learned counsel for the petitioners, learned

                   A.P.P. for the State and learned counsel for the informant.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence under Sections 126(2), 127(2), 115(2),

                   191(2), 191(3), 190, 109, 352, 351(2), 303(2) of the Bhartiya

                   Nyaya Sanhita and Section 27 of the Arms Act.

                                3. Learned counsel for the petitioners submits that

                   from perusal of F.I.R., it is apparent that specific accusation of

                   assault is against co-accused Sanjay Ray and Rajesh Ray. So far

                   as these petitioners are concerned, there is general & omnibus

                   allegation and no specific overt act has alleged against them.

                   Case and counter case. There is admitted land dispute between

                   the parties.
           Patna High Court CR. MISC. No.78725 of 2025(2) dt.09-02-2026
                                                       2/2




                                  4. Learned A.P.P. for the State and learned counsel for

                     informant opposed the bail petition.

                                  5. In the facts and circumstances of the case, let the

                     above named petitioners, in the event of their arrest/surrender

                     within a period of eight weeks from today, be enlarged on bail

                     on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each

                     with two sureties of the like amount each to the satisfaction of

                     learned J.M. 1st Class, Samastipur,                  in connection with

                     Warisnagar P.S. Case No. 149 of 2025, subject to condition as

                     laid down under Section 482 of the Bhartiya Nagrik Suraksha

                     Sanhita, 2023.



                                                   (Prabhat Kumar Singh, J)
anay

U      T

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