Created by Fuzzy Cloud

Patna High Court

Sachindar Ray @ Sachindar Prasad RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to the stipulated conditions.

Summary

The petitioners, seven members of the Ray family, sought anticipatory bail fearing arrest in connection with Barahat Police Station Case No. 286 of 2024, which alleged assault with a sawal and lathi and theft of Rs.200 during a cricket match. The prosecution alleged that petitioner No.2 struck the informant on the head with a sawal, petitioner No.6 assaulted with a lathi, and petitioner No.4 stole money. The petitioners contended they were falsely implicated, that the injuries were simple, and that there was a counter‑case, noting that only two of them had prior criminal antecedents. The State opposed the bail. The High Court, after considering the submissions, granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS, including bail bonds, sureties, presence in court, and verification of antecedents.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC.
  • Whether the nature of the alleged offences warrants denial of bail.
  • Whether the conditions imposed under Section 482 of the BNSS are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 BNSS
  • assault
  • theft
  • high court order
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81975 of 2025
                       Arising Out of PS. Case No.-286 Year-2024 Thana- BARAHAT District- Banka
                 ======================================================
           1.     Sachindar Ray @ Sachindar Prasad Ray S/o Late Chunni Lal Ray R/o
                  Village - Kharwa, P.S - Barahat, District - Banka
           2.    Dipak Ray @ Dipak Kr. Ray @ Deepak Kr. Ray S/o Sachindar Ray @
                 Sachindar Pd. Ray R/o Village - Kharwa, P.S - Barahat, District - Banka
           3.    Chhotu Ray @ Niraj Ray S/o Sachindar Ray @ Sachindar Pd. Ray R/o
                 Village - Kharwa, P.S - Barahat, District - Banka
           4.    Pancham Ray @ Anand Ray S/o Sachindar Ray @ Sachindar Pd. Ray R/o
                 Village - Kharwa, P.S - Barahat, District - Banka
           5.    Badken Ray @ Santosh Ray S/o Sachindar Ray @ Sachindar Pd. Ray R/o
                 Village - Kharwa, P.S - Barahat, District - Banka
           6.    Gopal Ray @ Gopal Kr. Bhatt S/o Bhavendra Ray R/o Village - Kharwa, P.S
                 - Barahat, District - Banka
           7.    Abhishek Ray @ Abhishek Kr. Ray S/o Khakar Ray R/o Village - Kharwa,
                 P.S - Barahat, District - Banka

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajay Mukherjee, Adv.
                 For the Opposite Party/s :       Mr.Arun Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   15-01-2026                    Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Barahat P.S. Case No. 286 of 2024 registered for the offences

                   punishable under Sections 126(2), 115(2), 110, 303(2), 352,

                   351(2) and 3(5) of the B.N.S.

                                3. As per the prosecution case, the informant has alleged
Patna High Court CR. MISC. No.81975 of 2025(2) dt.15-01-2026
                                            2/4




          that while playing a cricket match, there was an altercation, upon

          which all the petitioners came there and assaulted the informant

          with sawal and lathi. It is specifically alleged that the petitioner

          no. 2 gave sawal blow on the head of the informant while the

          petitioner no. 6 assaulted him with lathi and petitioner no. 4 took

          away Rs. 200/- from his pocket.

                       4. The learned counsel for the petitioners submit that

          petitioners are innocent and have falsely been implicated in this

          case. It has further been submitted that there is a case and counter

          case for the same incident. Learned counsel has further submitted

          that the petitioners have no intention to kill the informant rather

          the single blow of sawal is said to have been given on the head of

          the informant and the two injuries are found to be simple in nature

          and the rest of the allegations are ornamental in nature. It has

          lastly been submitted that the petitioner nos. 1 and 2 have one

          criminal antecedents in which they are on bail and rest of the

          petitioners have clean antecedent.

                       5. The learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioners.

                       6. Considering the aforesaid submissions made by the

          parties and taking into account the facts and circumstances of the

          case, the petitioners above named, are directed to be released on
Patna High Court CR. MISC. No.81975 of 2025(2) dt.15-01-2026
                                            3/4




          anticipatory bail, in the event of arrest or surrender before the

          Court below within a period of four weeks from today, on

          furnishing bail-bonds of Rs. 10,000/-(Rupees Ten Thousand)each

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

          learned Court below where the case is pending/successor court in

          connection with Barahat P.S. Case No. 286 of 2024, subject to the

          conditions as laid down under Section 438(2) of the Code of

          Criminal Procedure read with corresponding Section 482(2) of

          BNSS as well as subject to the following conditions:-

                       (i) One of the bailors will be a close relative of the

          petitioners.

                       (ii) The petitioners shall remain physically present

          before the concerned Court on each and every date of the trial and

          shall cooperate in the investigation.

                       (iii) In case of absence on two consecutive dates or in

          violation of the terms of the bail, the bail bonds of the petitioners

          will be liable to be cancelled by the Court concerned.

                       (iv) The trial court shall verify the criminal antecedent

          of the petitioners and in case, at any stage, it is found that the

          petitioners have concealed their criminal antecedents, the trial

          court shall take necessary steps for cancellation of bail bonds of

          the petitioners. However, the acceptance of bail bonds in terms of
           Patna High Court CR. MISC. No.81975 of 2025(2) dt.15-01-2026
                                                       4/4




                     the above mentioned order shall not be delayed for purpose of or

                     in the name of verification.

                                  7. It is made clear that the observations, if any, made in

                     this order, shall be of no bearing during the trial.

                                  8. The application stands allowed.



                                              (Sourendra Pandey, J)
Gautam/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.