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Patna High Court

Kaushal Kumar Ray @ Rajeeb Kumar Ray @ Rajib KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the petitioners' application for anticipatory bail, subject to specified conditions.

Summary

The petitioners, four members of the Ray family, were implicated in an arson case (Andharathari PS Case No. 97 of 2025) alleging they set an informant's house on fire and stole Rs. 50,000, invoking Sections 126(2), 324, 326(g) and 3(5) of the B.N.S. They claimed innocence, arguing the allegations stemmed from a personal dispute and that police investigation recovered no burnt articles or material linking them to the crime. The State opposed anticipatory bail, asserting the petitioners attempted murder. The High Court noted the lack of material evidence, the petitioners' clean antecedents (except one with a pending case), and the investigative report contradicting the informant's claim. Consequently, the Court granted anticipatory bail under Section 438(2) of the CrPC and Section 482(2) of the B.N.S., imposing conditions such as surety, physical presence at trial, and verification of antecedents.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the serious nature of the arson and attempted murder allegations.
  • Whether the absence of material evidence and the petitioners' clean antecedents justify the grant of bail.
  • Whether the conditions imposed under Section 438(2) CrPC and Section 482(2) B.N.S. are sufficient to safeguard the trial process.

Legislation cited

Subjects

  • anticipatory bail
  • arson
  • criminal procedure
  • Section 438
  • Section 482
  • bail conditions
  • false implication
  • personal dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8289 of 2026
                  Arising Out of PS. Case No.-97 Year-2025 Thana- ANDHRATHARHI District- Madhubani
                 ======================================================
           1.     Kaushal Kumar Ray @ Rajeeb Kumar Ray @ Rajib Kumar S/o- Sri
                  Yogendra Ray R/v- Chapahi Ps- Andharathari Dist- Madhubani
           2.    Amla Devi w/o- Sri Yogendra Ray R/v- Chapahi Ps- Andharathari Dist-
                 Madhubani
           3.    Sanjeeb Kumar Ray S/o- Sri Yogendra Ray R/v- Chapahi Ps- Andharathari
                 Dist- Madhubani
           4.    Yogendra Ray S/o- Late Sonai Ray R/v- Chapahi Ps- Andharathari Dist-
                 Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Vaishnavi Singh, Adv.
                 For the Opposite Party/s :      Mr.Chandra Sen Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   17-02-2026                    Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Andharathari P.S. Case No. 97 of 2025 dated 26.06.2025

                   registered for the offences punishable under Sections 126(2),

                   324, 326(g) and 3(5) of the B.N.S.

                                3. The allegation against the petitioners is that they set

                   the informant’s dwelling house on fire and destroyed certain

                   articles including cash of Rs. 50,000/-.
Patna High Court CR. MISC. No.8289 of 2026(2) dt.17-02-2026
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                       4. The learned counsel for the petitioners submits that

          petitioners are innocent and have falsely been implicated in this

          case and no such occurrence as alleged has taken place. It is

          further submitted that the petitioners are immediate neighbours

          of the informant and due to some personal dispute, the

          petitioners have falsely been named by the informant. It has

          further been submitted that during the course of investigation,

          no article was found there by the police which is stated to have

          been burnt because of the fire, which was put by the petitioners.

          It has also been submitted that I.O. has found the contrary to

          what has been stated by the informant. It has further been

          submitted that the petitioners are the immediate family members

          and they have all been implicated with general and omnibus

          allegation. It has lastly been submitted that the petitioner nos. 1,

          3 and 4 have no criminal antecedent whereas the petitioner no. 2

          has one criminal antecedent in which he is on bail.

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

          opposed the prayer for anticipatory bail of the petitioners and

          submitted that the petitioners set the house of the informant on

          fire and attempted to kill them.

                       6. Considering the aforesaid submissions made by the

          parties and taking into account the fact that even during the
Patna High Court CR. MISC. No.8289 of 2026(2) dt.17-02-2026
                                            3/4




          course of investigation, no material was recovered by the police

          which is said to have been burnt during such fire as also the fact

          that the petitioners carries clean antecedent and it has also been

          submitted that the petitioner no. 2 who was made an acused in

          one case and in the said case, the police has submitted final

          form, in view of the above, the petitioners above named, are

          directed to be released on 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

          Andharathari P.S. Case No. 97 of 2025, 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
           Patna High Court CR. MISC. No.8289 of 2026(2) dt.17-02-2026
                                                       4/4




                     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 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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