Patna High Court
Gouri Shankar Rai @ Gauri Ray @ Gauri Shankar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioners, subject to bond and conditions prescribed under the B.N.S.S., 2023.
Summary
The petitioners, Gouri Shankar Rai and Jay Narayan Ray, sought anticipatory bail fearing arrest in a case (Warisanagar PS Case No. 238 of 2025) alleging assault and other offences under the Bharatiya Nyaya Sanhita, 2023. The FIR alleges that on 7 September 2025 the accused entered the informant's house and assaulted her husband, causing injuries. The petitioners contend they are innocent, asserting a land dispute and that both sides have filed cases and counter‑cases, with injuries being simple. The State opposed bail, highlighting the seriousness of the charges and prior criminal antecedents of the petitioners. After hearing both sides, the Court granted anticipatory bail subject to a Rs.30,000 bond and conditions under Sections 2(1)(d) and 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita, 2023 in view of the alleged offences and the surrounding facts.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 2(1)(d), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- assault
- land dispute
- Bharatiya Nyaya Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8413 of 2026
Arising Out of PS. Case No.-238 Year-2025 Thana- WARISNAGAR District- Samastipur
======================================================
1. Gouri Shankar Rai @ Gauri Ray @ Gauri Shankar Yadav S/O Late Triveni
Ray R/O Village- Chandauli, P.S- Warisnagar, Dist.- Samastipur.
2. Jay Narayan Ray S/O Jogendra Ray R/O Village- Chandauli, P.S-
Warisnagar, Dist.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Advocate
For the Opposite Party/s : Ms. Suman Kumari Singh, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending arrest in
connection with Warisnagar P.S. Case No. 238 of 2025 lodged
on 08.09.2025, for the offence punishable under Sections
126(2), 115(2), 118(1), 109, 303(2), 352, 351(2) & 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
eight named accused persons including the present petitioners
and 20-25 unknown persons. It has been alleged by the
informant that on 07.09.2025 at about 10 p.m, all the accused
persons came and entered in her house and assaulted her
Patna High Court CR. MISC. No.8413 of 2026(3) dt.01-04-2026
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husband brutally due to which injury has been caused.
4. Learned counsel for the petitioners submit that the
petitioners are innocent and have committed no offence.
Counsel submits that the petitioner’s side and the informant’s
side are agnates and land dispute is going on between them.
Counsel further submits that for the same date and place of
occurrence, there are case and counter case from both the sides
and injuries have been caused to both the sides. Counsel further
submits that the petitioners have one criminal antecedent each in
which, they are on bail. He further submits that the petitioners
are ready to fulfill all the conditions whatsoever shall be
imposed upon them.
5. Learned APP for the State opposes the prayer for
bail of the petitioners but fairly submits that for the same date
and place of occurrence, there are case and counter case from
both the sides. He further submits that on previous occasion,
case diary as well as injury report has been called for. From the
injury report, it transpires that the injuries are simple in nature.
6. As such, in the present facts and circumstances of
this case, let the above named petitioners be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
Patna High Court CR. MISC. No.8413 of 2026(3) dt.01-04-2026
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bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as
mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
satisfaction of J.M. 1st Class, Samastipur, in connection with
Warisnagar P.S. Case No. 238 of 2025, subject to the conditions
as laid down U/s 482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
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