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Patna High Court

Vikash Ray @ Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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.
Patna High Court CR. MISC. No.83076 of 2025(3) dt.17-01-2026
                                            3/4




                       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
            Patna High Court CR. MISC. No.83076 of 2025(3) dt.17-01-2026
                                                        4/4




                      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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