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Patna High Court

Ramesh Ray @ Ramesh RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

The petitioner, Ramesh Ray, was arrested on 23 July 2025 in connection with a 2019 case involving alleged assault and use of a sword, charged under several sections of the Indian Penal Code and the Arms Act. The prosecution alleged that he participated in a violent attack on the informant's family, while the petitioner claimed innocence, stating he was falsely implicated and had no intent to kill. The petitioner sought bail, arguing lack of intent and asserting that any criminal antecedent was already disclosed. The Additional Public Prosecutor opposed bail, citing a prior criminal antecedent, though the petitioner was already on bail in another matter. The court considered the seriousness of the offences, the petitioner’s custody duration, and the antecedent, and granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of trial cooperation, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the offences under the IPC and Arms Act
  • Whether the petitioner’s prior criminal antecedent warrants denial of bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Indian Penal Code
  • Arms Act
  • criminal antecedent
  • trial cooperation
  • evidence tampering

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85505 of 2025
                         Arising Out of PS. Case No.-317 Year-2019 Thana- SAHPUR District- Patna
                 ======================================================
                 Ramesh Ray @ Ramesh Rai Son of Saguwar Ray @ Sagbar Ray Resident of
                 Village - Shankarpur, P.O.- Ganghara, Police Station - Shahpur, District -
                 Patna 801507

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Ashok Kumar Son of Late Haricharan Ray Resident of Village - Shankarpur,
                 P.O.- Madhopur, Police Station - Shahpur, Dist. - Patna, Bihar - 801507

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Munish Kumar, Advocate
                                                   Ms. Minakshi Kumari, Advocate
                                                   Mr. Munna Raj, Advocate
                                                   Mr. Shitanshu Shekhar, Advocate
                 For the Opposite Party/s :        Mr. Aditya Narayan Singh.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   25-03-2026                     Heard Mr. Munish Kumar, learned counsel for the

                   petitioner and Mr. Aditya Narayan Singh. 1, learned Additional

                   Public Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   23.07.2025 in connection with Shahpur P.S. Case No. 317 of

                   2019, F.I.R. dated 08.08.2019 for the offences punishable under

                   Sections 147, 148, 149, 341, 323, 504 and 307 of the Indian

                   Penal Code and Section 27 of the Arms Act.

                                3. According to prosecution case, this petitioner along

                   with other accused persons over a previous dispute brutally

                   assaulted the informant and his family members.
Patna High Court CR. MISC. No.85505 of 2025(4) dt.25-03-2026
                                            2/3




                      4. Learned counsel for the petitioner submits that

          petitioner is innocent and he has falsely been implicated in the

          present case. He further submits that both the parties are agnate

          to each other and due to some petty dispute the present

          occurrence has taken place. Although there is specific allegation

          against the petitioner that he has assaulted to the father of the

          informant by means of sword due to which he received injury

          but there is no intention to kill anyone. He further submits that

          the police after investigation submitted the charge sheet against

          the petitioner. The petitioner is in custody since 23.07.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that petitioner carries one criminal antecedent other than

          the present one but fairly submits that he is on bail in the

          pending matter.

                       6. Considering the aforesaid facts and circumstances,

          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 Sub

          Divisional Judicial Magistrate 6th, Danapur in connection with

          Shahpur P.S. Case No. 317 of 2019, subject to the following

          conditions:-
            Patna High Court CR. MISC. No.85505 of 2025(4) dt.25-03-2026
                                                        3/3




                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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