Patna High Court
Lalit Ray @ Lalit Mandal @ Lalit RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners subject to conditions.
Summary
The petitioners applied for anticipatory bail after being implicated in an alleged attempt to rape an informant and assaulting her husband with iron rods, as well as looting jewellery, under several sections of the Bihar Negotiable Substances Act, 2023. The prosecution presented a case diary indicating simple injuries to the victim. The petitioners contended that no offence was committed and that the FIR was filed in retaliation for a prior FIR they had lodged. The State acknowledged the injuries were simple but sought denial of bail. Considering the existence of a counter‑case and the minor nature of the injuries, the court exercised its discretion under Section 438 of the Code of Criminal Procedure and Section 482(2) of the BNSS, 2023, and granted anticipatory bail subject to conditions. The order directed the petitioners to surrender within four weeks and furnish a bail bond of Rs 10,000 with two sureties.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC in view of the alleged offences.
- Whether the simple nature of injuries and the existence of a counter‑case justify granting bail.
- Whether the FIR lodged against the petitioners is retaliatory and affects the bail decision.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 CrPC
- Bihar Negotiable Substances Act
- assault
- rape attempt
- FIR retaliation
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87445 of 2025
Arising Out of PS. Case No.-270 Year-2025 Thana- BIRAUL District- Darbhanga
======================================================
1. Lalit Ray @ Lalit Mandal @ Lalit Ram S/o Shankar Ray @ Shankar Mandal
R/o Village - Thikka, P.S - Biraul, District - Darbhanga
2. Rohit Ray S/o Ravi Rai R/o Village - Thikka, P.S - Biraul, District -
Darbhanga
3. Manoj Ray S/o Binde Ray R/o Village - Thikka, P.S - Biraul, District -
Darbhanga
4. Ram Dharokha Devi @ Dharokha Devi W/o Ravi Ray R/o Village - Thikka,
P.S - Biraul, District - Darbhanga
5. Shankar Ray @ Shankar Mandar S/o Late Ramphal Ray R/o Village -
Thikka, P.S - Biraul, District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Adv.
: Mr. Sumit Kumar Srivastva, Adv.
: Mr. Gyan Prakash, Adv.
For the Opposite Party/s : Mr. Murli Dhar, App.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 19-03-2026 1. Heard learned Counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Biraul Police Station Case No. 270 of 2025,
disclosing offences under Sections 126(2), 115(2), 74, 109(1),
303(2), 351(2), 352 and 3(5) of the BNS, 2023.
3. As per the prosecution case, on 23.07.2025 at
about 10 pm, the informant went out of her house for attending
nature's call where the petitioners tried to commit rape.
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However, after noise raised by the informant, they fled away.
On the next date, 24.07.2025, in the morning, when the
informant and her husband were going towards police station to
lodge an FIR, in the meantime, petitioners along with other
accused persons arrived with iron rod, khanti, danda etc.,
assaulted the husband of the informant who fell down on the
ground. It has been alleged that the petitioners, along with other
three accused persons, assaulted by of iron rod and khanti, and
when the informant came to rescue him, other accused persons
assaulted her by danda. They entered into the house of the
informant and took away jewellery, cash, etc.
4. Learned counsel for the petitioners submits that
the petitioners have not committed any offence as alleged and
the present FIR has been lodged in retaliation of the FIR lodged
by the side of the petitioners against the informant's side bearing
Biraul PS Case No. 268 of 2025. The FIR lodged by the
petitioners' side is prior in time to the present FIR. The injuries
sustained by the informant's husband are simple in nature.
5. On the other hand, learned counsel for the state,
referring to the case diary, submits that it is correct that the
injuries sustained by the victim are simple in nature.
6. Having regard to the submissions made on
Patna High Court CR. MISC. No.87445 of 2025(4) dt.19-03-2026
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behalf of the parties and taking into consideration the fact that
there is a case and counter-case between the parties, injuries
caused to the victim are simple in nature, I am inclined to grant
the petitioners privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioners, above named, in the event of
their arrest or surrender before the Court below within four
weeks, 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 learned Additional Chief Judicial
Magistrate-I, Biraul, Darbhanga, in connection with Biraul
Police Station Case No. 270 of 2025, subject to the condition
laid down under Section 438 (2) of the Code of Criminal
Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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