Patna High Court
Amit Ray @ Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Arms Act — s. 27
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 109, 115(2), 126(2), 190, 191(2), 191(3), 351(2), 351(3), 352, 482
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
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