Patna High Court
Umesh RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109(1), 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352
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
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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
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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
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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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