Patna High Court
Laxami Ray @ Laxmi RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court allowed anticipatory bail to the petitioner.
Summary
Laxami Ray was named in an FIR alleging participation in a mob that placed a dead body on a road and assaulted police, invoking multiple IPC offences. He contended that the allegations were vague, based solely on a watchman's report, and that he had no specific involvement beyond being a mob member. The petitioner highlighted his clean antecedents and pointed to a similar co-accused, Suman Kumar Giri, who had been granted anticipatory bail by the same court. The State opposed the bail, arguing the seriousness of the offences. Considering the general nature of the accusations, the petitioner’s clean record, and the principle of parity, the court granted anticipatory bail, subject to a bail bond of Rs.10,000, two sureties, and a condition that the bail be executed within eight weeks under Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious IPC charges.
- Whether the allegations against the petitioner are sufficiently specific to deny bail.
- Whether parity with a co-accused who received anticipatory bail warrants the same relief.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 147, 148, 149, 323, 341, 342, 353, 379, 427, 504, 506, 511
Subjects
- anticipatory bail
- mob violence
- Indian Penal Code
- Criminal Procedure Code
- bail conditions
- parity principle
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83377 of 2025
Arising Out of PS. Case No.-353 Year-2023 Thana- BIBHUTIPUR District- Samastipur
======================================================
Laxami Ray @ Laxmi Ray S/O Hari Ray @ Harinarayan Ray R/o Village -
Kalyanpur, Ward No.- 13, P.S.- Bibhutipur, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Anant Kumar Mishra, Advocate
For the State : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 147, 148,
149, 341, 342, 323, 353, 379, 504, 506, 511 and 427 of the
Indian Penal Code.
3. As per prosecution case, it is alleged that all the
F.I.R. named accused persons, including this petitioner, along
with some unidentified persons, created obstruction by putting a
dead body on road and in course of it, the accused persons also
attacked on the police party and created hindrance in discharge
of their official duty.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.83377 of 2025(2) dt.09-02-2026
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behalf of the petitioner that petitioner is quite innocent and has
committed no offence. F.I.R. was lodged against 22 named
accused persons, including this petitioner and about 40 to 50
unknown persons, merely on the basis of disclosure made by
local Chawkidar. Allegation of assault is general and omnibus
and no specific accusation of overt act has been alleged against
this petitioner. Petitioner is only alleged to be members of the
mob. It is lastly submitted that similarly situated co-accused
person, namely Suman Kumar Giri, has already been granted
privilege of anticipatory bail by a Co-ordinate Bench of this
Hon’ble Court vide order dated 15.02.2025 passed in Cr. Misc.
No. 3361 of 2025. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, claim based on
parity and clean antecedents of the petitioner, the prayer for
grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
Patna High Court CR. MISC. No.83377 of 2025(2) dt.09-02-2026
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10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Sub-Divisional Judicial
Magistrate, Rosera, District- Samastipur in connection with
Bibhutipur P.S. Case No. 353 of 2023, subject to condition as
laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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