Patna High Court
Ramesh Ray @ Ramesh RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 307, 323, 341, 504
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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