Patna High Court
Binod Ray @ Vinod RayversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the regular bail application, directing the petitioner to furnish a bail bond and appear regularly in the trial.
Summary
Binod Ray was arrested in connection with a case registered under Sections 115(2) and 109 of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑Ba), 26, 27 and 35 of the Arms Act for allegedly firing at an informant and causing chest injury. The petitioner, in custody since 4 December 2024, filed a second regular bail application after an earlier bail plea was rejected. He contended that he was innocent, that key witnesses were not appearing, and that the trial was being unduly delayed. The prosecution opposed bail, asserting the seriousness of the offences. Considering the length of custody, the delay in trial and the non‑appearance of witnesses, the Court allowed the bail application, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties and to appear regularly in court. Non‑cooperation would lead to cancellation of bail.
Issues considered
- Whether regular bail should be granted to the accused despite the serious nature of the offences under the Bharatiya Nyaya Sanhita and the Arms Act
- Whether the prolonged period of custody and delay in trial justify the grant of bail
- Whether the non‑appearance of witnesses affects the bail decision
Legislation cited
- Arms Act — s. 25(1‑Ba), 26, 27, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2)
Subjects
- bail
- regular bail
- criminal procedure
- Arms Act
- Bharatiya Nyaya Sanhita
- trial delay
- witness non‑appearance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84536 of 2025
Arising Out of PS. Case No.-410 Year-2024 Thana- MOTIPUR District- Muzaffarpur
======================================================
Binod Ray @ Vinod Ray S/o Mahendra Ray R/o Village - Purani Bazar,
Motipur, P.S - Motipur, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar Pandey
For the Opposite Party/s : Mr.Damodar Prasad Tiwary
Mr. Raju Kumar
Mr. Abhash
Mr. Pradhan Murli Manohar Pd
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 31-01-2026 Heard the learned counsel for the petitioner, learned
APP for the State and the learned counsel for the informant.
2. This is the 2nd attempt of the petitioner for regular
bail in connection with Sessions Trial No. 477 of 2025 arising
out of Motipur P.S. Case No. 410 of 2024 registered for the
offence under Sections 115(2) and 109 of the Bharatiya Nyaya
Sanhita, 2023 and Section 25(1-B)a, 26, 27 and 35 of the Arms
Act. Earlier the bail application of the petitioner was rejected on
12.05.2025 in Cr. Misc. No. 21707 of 2025.
3. As per the prosecution case, the petitioner is said to
have fired at the informant which caused him injury in his chest.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.84536 of 2025(2) dt.31-01-2026
2/2
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 04.12.2024. He further submits
that the witnesses are not appearing in the trial.
5. Learned counsel for the informant has vehemently
opposed the prayer for bail but he has not been able to explain
as to why the witnesses are not appearing in the Court and
because of that, the trial is being delayed.
6. Considering the period of custody and the delay in
the trial, this application for regular bail is allowed.
7. Accordingly, let the petitioner, 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 Additional Sessions Judge-2nd,
Muzaffarpur/concerned Court below in connection with
Sessions Trial No. 477 of 2025 arising out of Motipur P.S. Case
No. 410 of 2024 subject to condition that:-
(i). The petitioner shall appear in the
trial regularly either personally or through his
lawyer and shall cooperate in the trial and non-
cooperation in the trial shall result in
cancellation of the bail bond of the petitioner.
(Sandeep Kumar, J)
Shishir/-
U T
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