Patna High Court
Santosh RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner, directing release on a bail bond of Rs 10,000 with two sureties.
Summary
Santosh Ray was arrested in connection with a land‑dispute case (Chiraiya P.S. Case No. 281 of 2025) and charged under several sections of the Bharatiya Nyaya Sanhita, 2023. The petitioner claimed he was falsely implicated, that the allegations against him were vague and that he had no prior criminal record, having been in custody since 10 October 2025. The prosecution argued that investigation material and witness statements linked the petitioner to the assault. The Court examined the FIR, the material gathered during investigation, the fact that a charge‑sheet had been filed and the petitioner’s four‑month pre‑trial detention, while noting his clean antecedent. Considering these factors, the Court ordered that the petitioner be released on regular bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious charges under the Bharatiya Nyaya Sanhita, 2023.
- Whether the material on record justifies denial of bail.
- Whether the length of pre‑trial custody and lack of criminal antecedent warrant grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 111, 115(2), 118(2), 119(1), 126(2), 127(1), 190, 191(2), 191(3)
Subjects
- regular bail
- land dispute
- false implication
- pre‑trial detention
- Bharatiya Nyaya Sanhita
- charge‑sheet
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88567 of 2025
Arising Out of PS. Case No.-281 Year-2025 Thana- CHIRAIYA District- East Champaran
======================================================
Santosh Ray, S/o- Late Gagan Ray, R/o Village-Raghopur, P.S- Chiraiya,
District- East Champaran, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harishankar Raj, Advocate
Mr. Gyanendra Kumar, Advocate
Mr. Saurabh Kumar Priyadarshy, Advocate
For the Opposite Party/s : Mr. Arun Kumar Singh, APP
Mr. Abhishek Kumar, Advocate
Mr. Sharad Kumar Verma, Advocate
Mr. Sagar Kumar, Advocate
Mr. Hemant Ray, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 23-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Chiraiya P.S. Case
no.281 of 2025, registered under sections 109, 111, 115(2),
118(2), 119(1), 126(2), 127(1), 190, 191(2) and 191(3) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that over a dispute relating to agricultural land, the accused
persons started to forcibly cultivate his land. On protest by the
informant’s husband, the accused persons brutally assaulted
him.
Patna High Court CR. MISC. No.88567 of 2025(3) dt.23-02-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner was falsely implicated in the case in course of
investigation. The allegations against the petitioner are general
and omnibus in nature. The allegations are specific on Manoj
Kumar, Anoj Kumar and Vinod Rai and not the petitioner
herein. The petitioner is in custody since 10.10.2025 and has no
criminal antecedent.
5. The application for bail is opposed by learned
A.P.P. for the State and learned counsel for the informant.
Learned counsel for the informant submits that not only the case
against the petitioner has been supported by the witnesses in
course of investigation but material has transpired about the
petitioner’s participation in the occurrence.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the F.I.R., the
material that has transpired against the petitioner in course of
investigation, his being in custody for more than 4 months since
10.10.2025, charge-sheet having been submitted in the case and
especially the petitioner not having any criminal antecedent, the
petitioner is directed to be enlarged on bail in connection with
Chiraiya P.S. Case no.281 of 2025, on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.88567 of 2025(3) dt.23-02-2026
3/3
amount each to the satisfaction of the learned A.D.J.-XII, East
Champaran.
(Partha Sarthy, J)
avinash/-
U T
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