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Patna High Court

Umesh RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioners.

Summary

The petitioners, Umesh Ray and Tribhuwan Ray, were named in FIR No.366 of 2025 for alleged assault and other offences under the Bhartiya Nyaya Sanhita. They sought anticipatory bail, claiming the FIR was fabricated due to a personal grudge because they are witnesses in a separate case. Their counsel argued that the victim’s father is a habitual drunkard, his statement was not recorded, and the investigation found no concrete evidence against the petitioners. The court examined the nature of the allegations, the investigation report, and the injury report, and found the material insufficient to justify arrest. Consequently, the court granted anticipatory bail subject to conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita. The petition was allowed and the petitioners were directed to furnish bail bonds if arrested within four weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the FIR alleging multiple offences.
  • Whether the FIR is based on a false or fabricated complaint.
  • Whether there is sufficient evidence to justify the arrest of the petitioners.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • assault
  • FIR
  • section 482
  • criminal procedure
  • evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8948 of 2026
                 Arising Out of PS. Case No.-366 Year-2025 Thana- SHAHPUR PATORI District- Samastipur
                 ======================================================
           1.     Umesh Ray S/o Pavitara Ray Resident of - Shahpur Undi, P.S - Shahpur
                  Patori, District - Samastipur
           2.    Tribhuwan Ray S/o Sitaram Ray Resident of - Shahpur Undi, P.S - Shahpur
                 Patori, District - Samastipur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjeet Kumar
                 For the Opposite Party/s :       Mr. Dilip Kumar No. 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   06-05-2026         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 Shahpur Patori Police Station Case No. 366 of 2025,

                            dated 01.09.2025, disclosing offences under Sections

                            126(2)/115(2)/117(2)/109(1)/303(2)/352/351(2)/3(5)                    of

                            the Bhartiya Nyaya Sanhita.

                       3.   The prosecution case, as per the First Information Report,

                            is that on 30.08.2024 at about 09:00 PM, while the

                            informant’s father was returning home from Chandan

                            Chowk and was crossing east gate of SDO’s residence,

                            some persons surrounded him, pulled him with towel and
Patna High Court CR. MISC. No.8948 of 2026(3) dt.06-05-2026
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                  took him near mango orchard and left him there after

                  putting soil into his mouth. Some passersby identified the

                  informant’s father and informed the informant about the

                  occurrence. Thereafter, the informant, along with other

                  villagers, reached at the place, where his father was left

                  and took his father to Patori Hospital. After treatment,

                  informant’s father informed that he was assaulted by the

                  petitioners and five other unknown persons, whose name

                  would be disclosed later.

              4. Mr. Ranjeet Kumar, learned counsel for the petitioners,

                  argued that the present FIR has been lodged on the basis

                  of concocted story in order to falsely implicate the

                  petitioners due to personal grudge. The reason behind the

                  false implication of the petitioner is that both the

                  petitioners are witnesses in the case registered against

                  some villagers, bearing Patori Police Station Case No.

                  103 of 2025. He next submits that informant of this case

                  is interested and pressurized the informant of Patori

                  Police Station Case No. 103 of 2025 to enter into

                  compromise with informant (Ramparvesh Ray). Since,

                  the petitioners are witnesses in the said case and are not

                  supporting the informant of this case, the petitioners are
Patna High Court CR. MISC. No.8948 of 2026(3) dt.06-05-2026
                                            3/4




                  falsely implicated in this case. He further submits that

                  villagers by way of public petition have submitted

                  application before the Deputy Superintendent of Police,

                  Patori, stating therein, that the petitioners have falsely

                  been implicated in this case as they are witnesses in Patori

                  Police Station Case No. 103 of 2025. Injury sustained by

                  the victim is simple in nature, which would be evident

                  from injury report annexed at Annexure-P/3. Learned

                  counsel submits that informant’s father is a habitual

                  drunkard and the statement of informant’s father has not

                  been     recorded       by      the   police   during   course   of

                  investigation. The Supervising Officer, in his supervision

                  note, has recorded that no concrete evidence has been

                  found      against     the      petitioners    during   course   of

                  investigation.

              5. Having regard to the submissions made on behalf of the

                  parties and taking into consideration the nature of

                  allegation,      materials       collected     during   course   of

                  investigation and injury report of victim, I am inclined to

                  grant the petitioners privilege of anticipatory bail.

              6. This application is, accordingly, allowed.

              7. Let the petitioners, above named, in the event of their
            Patna High Court CR. MISC. No.8948 of 2026(3) dt.06-05-2026
                                                        4/4




                              arrest or surrender before the Court below within four

                              weeks, be released on bail on furnishing bail bond of Rs.

                              10,000/- (Ten Thousand) each with two sureties of the

                              like amount each to the satisfaction of learned Additional

                              Chief Judicial Magistrate, Shahpur Patori, Samastipur, in

                              connection with Shahpur Patori Police Station Case No.

                              366 of 2025, subject to the condition laid down under

                              Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita,

                              2023.



                                               (Anil Kumar Sinha, J)
ashwani/-

U      T


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