Patna High Court
Vikash Ray @ Vikash kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 115(2), 118(2), 126(2), 127(2), 190, 191(1), 324(2), 351(2), 352, 482
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.