Patna High Court
Sonelal Ray @ Sonolal RayversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted anticipatory bail to petitioners 2, 3 and 5 subject to conditions and allowed the withdrawal of the application for petitioners 1 and 4.
Summary
The petitioners, five brothers from Didarganj, filed a criminal miscellaneous application seeking anticipatory bail after being implicated in a case involving alleged assault, rock‑throwing and property damage under several sections of the Bharatiya Nagarik Suraksha Sanhita, 2023. Petitioners 1 and 4, who had already been arrested, requested to withdraw their applications, which the court permitted, dismissing those applications as withdrawn. Petitioners 2, 3 and 5 argued they were falsely implicated due to a land dispute and that the prosecution’s allegations were vague and lacked an injury report. The State opposed the grant of anticipatory bail. After considering the submissions, the court granted anticipatory bail to petitioners 2, 3 and 5, subject to a bail bond of Rs 10,000 and two sureties each, under Section 482(2) of the B.N.S., 2023, and ordered their release if arrested within six weeks. The order also stipulated compliance with conditions laid down by the Judicial Magistrate of First Class, Patna City.
Issues considered
- Whether anticipatory bail can be granted to petitioners 2, 3 and 5 under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the petition for withdrawal of the criminal miscellaneous application by petitioners 1 and 4 should be allowed.
- Whether the prosecution’s allegations constitute specific charges sufficient to deny bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- criminal miscellaneous application
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- land dispute
- assault
- bail conditions
- withdrawal of application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79219 of 2025
Arising Out of PS. Case No.-80 Year-2025 Thana- DIDARGANJ District- Patna
======================================================
1. Sonelal Ray @ Sonolal Ray S/o Ramsharan Ray R/o Village- Didarganj
Dharamsala, P.S.- Didarganj, Distt.- Patna.
2. Shiv Kumar Ray @ Shivam @ Shivam Kumar S/o Ramashish Ray R/o
Village- Didarganj Dharamsala, P.S.- Didarganj, Distt.- Patna.
3. Satyendra Kumar S/o Ramashish Ray R/o Village- Didarganj Dharamsala,
P.S.- Didarganj, Distt.- Patna.
4. Vijay Ray S/o Ramashish Ray R/o Village- Didarganj Dharamsala, P.S.-
Didarganj, Distt.- Patna.
5. Sanjay Kumar @ Sanjay @ Sunil Kumar S/o Ramashish Ray R/o Village-
Didarganj Dharamsala, P.S.- Didarganj, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad, Advocate.
For the Opposite Party/s : Mr. Anish Chandra, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 05-01-2026 1. Learned counsel for the petitioners submits that
petitioner nos.1 & 4 have been arrested and accordingly, he
seeks permission to withdraw the present Cr. Misc. Application
with respect to petitioner nos.1 & 4.
2. Permission, as prayed for, is granted.
3. Accordingly, the present Cr. Misc. Application
stands dismissed as withdrawn with respect to petitioner nos.1
& 4.
4. Heard learned counsel for the petitioner nos.2, 3 &
Patna High Court CR. MISC. No.79219 of 2025(2) dt.05-01-2026
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5 and learned A.P.P. for the State.
5. The petitioner nos.2, 3 & 5 apprehend their arrest in
connection with Didarganj P.S. Case No.80 of 2025 instituted
under Sections 126(2), 115(2), 351(2), 352, 303(2), 109 & 3(5)
of the B.N.S., 2023.
6. As per the prosecution case, the informant was
informed by his younger brother that when he was parking his
Scorpio vehicle, in the meantime the petitioner no.3 dashed the
said vehicle with his Tractor and when they tried to pacify the
matter, the accused persons started assaulting them by throwing
rocks which hit on the head of father of the informant. It is
alleged that the accused persons entered into the house of
informant and assaulted them.
7. Learned counsel for the petitioner nos.2, 3 & 5
submits that petitioners are innocent and have been falsely
implicated in this case. He further submits that the petitioners
and informant are gotiya and there is land dispute between the
parties and there is case and counter case for the same
occurrence. Learned counsel submits that there is no specific
allegation against the petitioner nos.2, 3 & 5 of throwing rocks
and assaulting the injured rather the same are general and
omnibus in nature. He further submits that no injury report of
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the injured was produced by the prosecution. Learned counsel
submits that petitioner nos.2 & 3 have got clean antecedent
whereas petitioner no.5 has one criminal antecedent, in which
he is on bail and they undertake to cooperate in the investigation
and trial of the present case.
8. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
9. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, in the event
of arrest or surrender before the Court below within six weeks
from today, the petitioner nos.2, 3 & 5 be released on bail upon
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount to each to the
satisfaction of the learned J.M.F.C., Patna City in connection
with Didarganj P.S. Case No.80 of 2025, subject to the
conditions laid down in Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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