Patna High Court
Vikash Ray @ Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The petitioners are entitled to bail subject to the conditions imposed by the court.
Summary
Vikash Ray and Vishal Ray were arrested on 26 September 2025 in connection with a FIR dated 11 July 2025 alleging they dragged the son of an informant during a Tazia procession, leading to the boy's death. The petitioners contend they have a clean antecedent, were not originally named in the FIR, and were implicated only through a later re‑statement of the informant, with no specific allegation of assault against them. The prosecution opposed bail, while the court noted that similarly situated co‑accused had already been granted regular bail. Considering the petitioners' clean record, lack of direct naming in the FIR, and the precedent of bail to co‑accused, the court ordered their release on bail subject to strict conditions. The bail order required a bond of Rs 10,000 with two sureties, cooperation with the trial, attendance at court dates, and non‑tampering with evidence or witnesses.
Issues considered
- Whether the petitioners, Vikash Ray and Vishal Ray, are entitled to bail despite being charged under multiple sections of the Bharatiya Nyay Sanhita, 2023.
- Whether the fact that they were not originally named in the FIR and have a clean antecedent warrants bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103(1), 109, 118(1), 118(2), 126(2), 190, 191(2), 191(3)
Subjects
- bail
- criminal procedure
- Bharatiya Nyay Sanhita
- clean antecedent
- re‑statement of witness
- co‑accused bail precedent
- Tazia procession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83076 of 2025
Arising Out of PS. Case No.-184 Year-2025 Thana- MEHSI District- East Champaran
======================================================
1. Vikash Ray @ Vikash Kumar S/o Babban Ray @ Babban Kumar R/o vill -
Tajpur Bada @ Amwa Bada, P.O. and P.s.- Mehsi, Distt.- East Champaran
2. Vishal Ray @ Vishal Kumar S/o Babban Ray @ Babban Kumar R/o vill -
Tajpur Bada @ Amwa Bada, P.O. and P.s.- Mehsi, Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 17-01-2026 Heard Mr. Santosh Kumar, learned counsel for the
petitioners as well as Mr. Md. Aslam Ansari, learned Additional
Public Prosecutor for the State.
2. Petitioners seeks bail who is in custody since
26.09.2025 in connection with Mehsi P.S. Case No. 184 of
2025, F.I.R. dated 11.07.2025 for the offences punishable under
Sections 190, 191(2), 191(3), 126(2), 118(1), 118(2), 109 of the
Bharatiya Nyay Sanhita, 2023 and later on Section 103(1) of
Bharatiya Nyay Sanhita, 2023 was added.
3. According to prosecution case, petitioners and
other co-accused persons dragged away the son of the informant
when a fighting erupted during Tazia procession. The informant
Patna High Court CR. MISC. No.83076 of 2025(3) dt.17-01-2026
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further alleged that his wife was given information on mobile
phone that his son was lying at a particular spot and thereafter,
he informed the police and police reached there and found his
son in injured condition, Later on, the son of the informant
succumbed to his injuries.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they falsely been
implicated in the present case. Initially the petitioners were not
named in the FIR and their name transpired on the basis of re-
statement of the informant, after thought, only to falsely
implicated the petitioners in the present case and from bare
perusal of the FIR it appears that there is no specific allegation
of assault or overt act against them and similarly situated co-
accused persons, namely, Sonu Sahani @ Lall Babu @ Suga @
Sona Kumar Sahani@ Santu Sahani @ Sanu Sahani and others
have been granted the privilege of regular bail by the co-
ordinate Bench of this Court vide order dated 08.12.2025 in Cr.
Misc. No. 83452 of 2025. The police after investigation
submitted charge-sheet and the petitioners are in custody since
26.09.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
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6. Considering the aforesaid facts and circumstances,
petitioners have clean antecedent and they are not named in the
FIR and similarly situated co-accused persons, who are named
in the FIR, have been granted the privilege of regular bail by the
co-ordinate Bench of this Court, let the petitioners, above
named, be released 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 Judicial Magistrate,
Motihari, East Champaran in connection with Mehsi P.S. Case
No. 184 of 2025, subject to the following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below 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 court below shall take step for
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cancellation of bail bond 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.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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