Patna High Court
Sachindar Ray @ Sachindar Prasad RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- B.N.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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
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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
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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
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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
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