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Patna High Court

Vikash Ray @ Vikash kumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to conditions, under Section 482 of the BNSS.

Summary

Vikash Ray petitioned the Patna High Court for anticipatory bail after being implicated in a case under multiple sections of the Bhartiya Nyaya Sanhita, 2023, alleging assault that led to the death of an informant's brother. The prosecution alleged that Ray, along with co‑accused, assaulted the informant and his brother, with another accused delivering the fatal blow. Ray contended that he was falsely implicated due to a long‑standing land dispute, that there is no injury report to substantiate the assault against him, and highlighted that a similarly situated co‑accused had already been granted anticipatory bail. The State opposed the bail. The Court, considering the lack of concrete evidence against Ray and the precedent of bail to a co‑accused, ordered that Ray be granted anticipatory bail upon surrender within eight weeks, subject to a bail bond and sureties, under Section 482 of the BNSS.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioner under Section 482 of the Bhartiya Nyaya Sanhita, 2023?
  • Whether the petitioner’s alleged involvement in the assault can be substantiated in the absence of an injury report?
  • Whether the petitioner’s false implication claim, arising from a land dispute, warrants bail.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • assault
  • death of informant's brother
  • Bhartiya Nyaya Sanhita
  • Section 482
  • land dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86189 of 2025
                 Arising Out of PS. Case No.-142 Year-2025 Thana- DALSINGHSARAI District- Samastipur
                 ======================================================
                 Vikash Ray @ Vikash kumar S/o- Late Satto Ray R/o village- Pagra ward No.
                 12, P.S.- Dalsinghsarai, Dist- Samastipur
                                                                           ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Saket Tiwary, Advocate
                 For the Opposite Party/s :      Mr. Ram Naresh Ray, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   09-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in a case registered

                   for the offences under Sections 191(1), 190, 126(2), 127(2),

                   115(2), 118(2), 324(2), 103(1), 352, 351(2) of the Bhartiya

                   Nyaya Sanhita, 2023.

                                3. As per the prosecution case, on 17.04.2025 at about

                   4 PM, while informant was at his door, all the accused persons

                   named in the F.I.R., including this petitioner, came and assaulted

                   informant and his brother. It is further alleged that co-accused

                   Sharwan Rai assaulted on the head of brother of informant with

                   iron rod, as a result of which, brother of informant died in

                   course of treatment. This petitioner is alleged to have assaulted

                   informant with khanti.

                                4. Learned counsel for the petitioner submits that
            Patna High Court CR. MISC. No.86189 of 2025(2) dt.09-02-2026
                                                        2/2




                      specific accusation of assault to the deceased is against co-

                      accused Shrawan Rai. Petitioner has falsely been implicated in

                      this case due to long standing land dispute between the parties.

                      Though petitioner is alleged to have assaulted informant but

                      there is no injury report on record to substantiate the allegation.

                      It is further submitted that similarly situated co-accused,

                      namely, Puja Devi has already been granted anticipatory bail by

                      this Court vide order dated 11.11.2025 passed in Cr. Misc. No.

                      75782 of 2025. Petitioner claims clean antecedent.

                                   5. Learned A.P.P. for the State has opposed the bail

                      petition.

                                   6. Considering the aforesaid facts and circumstances,

                      let the above named petitioner, in the event of arrest/surrender

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

                      on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      A.C.J.M., Samastipur / concerned Court in connection with

                      Dalsing Sarai P.S. Case No. 142 of 2025, subject to condition as

                      laid down under Section 482 of the BNSS.



                                            (Prabhat Kumar Singh, J)
Navya/-
U       T


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