Patna High Court
Supan RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner subject to a bond of Rs 10,000 and two sureties, under the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Supan Ray petitioned for bail after an FIR dated 24‑07‑2024 alleged that he and other accused attacked an informant’s party with deadly weapons, injuring five persons. The petitioner argued that the incident was a simple mutual scuffle over a pathway, with no specific allegation of assault against him, and that similarly situated co‑accused had already been granted bail. The State opposed the bail application. The Court, considering the facts and the lack of a specific charge, ordered that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to bail despite the FIR alleging offences under multiple sections of the Bhartiya Nyaya Sanhita.
- Whether the lack of specific allegations against the petitioner warrants bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 118(2), 126(2), 303(2), 3(5), 352, 76
Subjects
- bail
- criminal procedure
- mutual assault
- Bhartiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- Section 126
- Section 115
- Section 118
- Section 109
- Section 76
- Section 303
- Section 352
- Section 3
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81615 of 2025
Arising Out of PS. Case No.-467 Year-2024 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Supan Ray S/o Late Ram Dev Ray R/o Jatua, P.S.- Muffasil, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh No. I, Advocate
For the Opposite Party/s : Mr. Renuka Ratnakar (App 125)
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 126(2), 115(2),
118(2), 109, 76, 303(2), 352 & 3(5) of the Bhartiya Nyaya
Sanhita .
3 . As per F.I.R., on 24.07.2024, all the accused
persons named in the F.I.R. including these petitioners attacked
informant side with deadly weapons, as a result of which, five
persons from informant’s side sustained injuries.
4. Learned counsel for the petitioner submits that on
account of dispute over pathway, a simple occurrence of
Maarpeet took place between both the parties, in which, both
sides inflicted injuries on each other. There is case and counter
Patna High Court CR. MISC. No.81615 of 2025(2) dt.09-02-2026
2/2
case . Allegation is general and omnibus against this petitioner.
No specific allegation of assault is alleged against this
petitioner. Similarly situated co-accused persons have already
been granted bail by this Hon’ble Court vide order dated
08.09.2025 in Cr. Misc. No. 54879 of 2025 .
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the aforesaid facts, case and counter
case and other circumstances of the case , in the event of arrest
or surrender within eight weeks from today, let the petitioner, as
named above, be enlarged 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 C.J.M., Saran at Chapra
in connection with Muffasil P.S. Case No. 467 of 2024 ,
subject to the conditions laid down under section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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