Patna High Court
Ramashray RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
In the absence of specific allegations of assault against the petitioners and given the land‑dispute context, anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 was warranted.
Summary
The petitioners, six members of the Rai family, applied for anticipatory bail in a case where the FIR alleged they entered the informant's house with firearms, outraged the modesty of the informant's wife and daughter‑in‑law, and opened fire. The petitioners contended that only the first petitioner was named as the order‑giver and that there were no specific allegations of assault against the others, no cartridge was recovered, and the dispute was merely a land dispute between agnates with no prior criminal record. The prosecution relied on sections of the Bhartiya Nyaya Sanhita, 2023 and the Arms Act. The court examined the lack of concrete evidence against the petitioners and the nature of the inter‑family land dispute, and concluded that the allegations did not justify denial of bail. Consequently, the court granted anticipatory bail subject to bail bonds and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the FIR allegations.
- Whether the allegations under the Bhartiya Nyaya Sanhita, 2023 and the Arms Act constitute sufficient ground to deny anticipatory bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 329(3), 3(5), 76
Subjects
- anticipatory bail
- land dispute
- firearms
- assault
- Section 482
- Bhartiya Nyaya Sanhita
- Arms Act
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8809 of 2026
Arising Out of PS. Case No.-154 Year-2025 Thana- GAURICHAK District- Patna
======================================================
1. Ramashray Rai S/o Late Bhagwan Rai R/o Village- Jamalpur, PS-
Gaurichak, Distt- Patna
2. Manohar Rai S/o Ramashray Rai R/o Village- Jamalpur, PS- Gaurichak,
Distt- Patna
3. Siyaram Rai S/o Ramchandra Rai R/o Village- Jamalpur, PS- Gaurichak,
Distt- Patna
4. Ajay Kumar @ Ajay Rai S/o Siyaram Rai R/o Village- Jamalpur, PS-
Gaurichak, Distt- Patna
5. Sanjay Rai S/o Siyaram Rai R/o Village- Jamalpur, PS- Gaurichak, Distt-
Patna
6. Amarjeet Kumar @ Amarjit Rai S/o Shankar Rai R/o Village- Jamalpur, PS-
Gaurichak, Distt- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jay Ram Prasad
For the Opposite Party/s : Ms.Renu Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 26-02-2026 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 Gaurichak Police Station Case No. 154 of 2025, dated
26.03.2025, disclosing offences punishable under
Sections 126(2)/115(2)/329(3)/76/109/303(2)/3(5) of the
Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms
Act.
Patna High Court CR. MISC. No.8809 of 2026(2) dt.26-02-2026
2/3
3. The prosecution case, as per the First Information Report,
is that on the date of occurrence, all the accused persons,
including the petitioners, arrived at the house of the
informant with fire arms and started outraging the
modesty of the informant’s wife and daughter-in-law. It
has further been alleged that the accused persons started
assaulting and opened fire also.
4. Learned Counsel for the petitioners submits that as per
the First Information Report, the petitioner no. 1 is the
order giver. There is no allegation against petitioner nos.
2 to 6. The allegation against petitioner nos. 2, 5 and 6 is
of resorting to fire, but no used cartridge has been found
in course of investigation. Both the parties are agnates,
having land dispute. The specific overt act is not there
against the petitioners. The petitioners are having no
criminal antecedent.
5. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the fact that
both the parties are angates having land dispute and there
is no allegation of assault against the petitioners, I am
inclined to grant the petitioners privilege of anticipatory
bail.
Patna High Court CR. MISC. No.8809 of 2026(2) dt.26-02-2026
3/3
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of his arrest
or surrender before the Court below within a period of
four weeks from today, be released on bail on furnishing
bail bonds of Rs. 10,000/- (ten thousand) each with two
sureties of the like amount each to the satisfaction of
learned 2nd Additional Chief Judicial Magistrate, Patna
City, Patna, in connection with Gaurichak Police Station
Case No. 154 of 2025, subject to the condition laid down
under Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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