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Patna High Court

Amit Ray @ Amit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners on condition of a Rs 10,000 bond with two sureties and surrender within eight weeks, invoking its inherent powers under Section 482 of the B.N.S., 2023.

Summary

The petitioners, Amit Ray and Golu Ray, were arrested in connection with a criminal case (Bhagwan Bazar PS Case No. 569 of 2025) involving alleged firing of weapons that resulted in injuries and the death of a person. The prosecution alleged that three other accused fired the weapons, while the petitioners faced only a general allegation without specific evidence of firing. The petitioners argued that the FIR does not specifically charge them with firing and that a coordinate bench had already granted anticipatory bail to a similarly situated co‑accused. The State and the informant opposed the bail, contending the seriousness of the offences under the Bhartiya Nagrik Suraksha Sanhita and the Arms Act. The Court, considering the lack of specific allegations against the petitioners and the precedent of anticipatory bail, ordered that bail be granted on condition of furnishing a bond of Rs 10,000 with two sureties and surrender within eight weeks, subject to Section 482 of the B.N.S., 2023.

Issues considered

  • Whether the petitioners can be granted bail despite the serious nature of the offences alleged.
  • Whether the general and omnibus allegations in the FIR suffice to deny bail.
  • Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, permits the Court to grant bail in this circumstance.

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • Section 482
  • Bhartiya Nagrik Suraksha Sanhita
  • Arms Act
  • criminal procedure
  • general allegation
  • omnibus charge

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8460 of 2026
                   Arising Out of PS. Case No.-569 Year-2025 Thana- BHAGWAN BAZAR District- Saran
                 ======================================================
           1.     Amit Ray @ Amit Kumar S/o- Narayan Ray Resident of Village- Brahampur
                  Nayka Basti P.S- Bhagwan Bazar District- Saran At Chapra
           2.    Golu Ray @ Golu Kumar Ray S/o- Narayan Ray Resident of Village-
                 Brahampur Nayka Basti P.S- Bhagwan Bazar District- Saran At Chapra

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rakesh Kumar, Advocate
                 For the Opposite Party/s :      Mr.Raj Kishor Singh, APP
                                                 Mr.Anjani Parasar, Adv.for Informant
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   23-02-2026                  Heard learned counsel for the petitioners, learned

                   A.P.P. for the State and learned counsel for the informant.

                                2.    The     petitioners    apprehend       their      arrest   in

                   connection with Bhagwan Bazar P.S. Case no.569 of 2025

                   registered for the offence punishable under Sections 109,

                   191(2), 191(3), 190, 126(2), 115(2), 352, 351(2) and 351(3) of

                   the B.N.S., 2023 and Section 27 of the Arms Act.

                                3. As per the prosecution case, the informant states

                   that over a trivial dispute relating to the game of cricket between

                   the children, the eight named accused persons including

                   petitioner herein came variously armed. As a result of firing

                   resorted to by Ekbal Rai, Narayan Rai and Raju Rai, several
Patna High Court CR. MISC. No.8460 of 2026(2) dt.23-02-2026
                                            2/3




          persons sustained fire-arm injuries and subsequently, in course

          of treatment, five days later, Raju Rai of the informant's side

          died

                       4. Learned counsel for the petitioners submits that as

          per F.I.R. itself, specific accusation of firing is against aforesaid

          three persons. So far as these two petitioners are concerned,

          there is no allegation of firing against them. There is general and

          omnibus allegation against petitioners. Similarly situated co-

          accused Pappu Rai has already been granted anticipatory bail by

          a coordinate Bench of this Court, vide order dated 28.01.2026

          passed in Cr.Misc. No. 3699 of 2026. Petitioners undertake to

          cooperate in the trial.

                       5. Learned A.P.P. for the State and learned counsel for

          the informant opposed the bail petition.

                       6. In the facts and circumstances of the case, let the

          above-named petitioners, in the event of arrest or surrender

          within a period of eight weeks from today, be enlarged on bail

          on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)

          each with two sureties of the like amount each to the satisfaction

          of the learned Additional Chief Judicial Magistrate- II, Chapra,

          Saran in connection with Bhagwan Bazar P.S. Case No. 569 of

          2025, subject to condition as laid down under Section 482 of the
           Patna High Court CR. MISC. No.8460 of 2026(2) dt.23-02-2026
                                                       3/3




                     Bhartiya Nagrik Suraksha Sanhita, 2023.



                                           (Prabhat Kumar Singh, J)
anay

U      T


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