Patna High Court
Vyaas Ray @ Vyas RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners.
Summary
The petitioners, five residents of Singhi Gachi, sought anticipatory bail fearing arrest in a case registered under Sections 302, 307, 324 and 34 of the IPC for the alleged murder of an informant's brother. The prosecution alleged that the accused, including the petitioners, assaulted the informant's family with lathi, danda and a knife, resulting in death. The petitioners contended they were not the assailants; the specific knife‑attack was attributed to co‑accused Sipahi Ray, while another co‑accused, Rahul Kumar, had confessed to the stabbing. The trial court had taken cognizance despite the final police report exonerating the petitioners, and the petitioners highlighted their clean antecedents. Considering the general and omnibus nature of the accusation, lack of specific involvement, and the petitioners' clean record, the High Court granted anticipatory bail, directing them to furnish a bail bond of Rs.10,000 with two sureties each, subject to Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail can be granted when the accusation against the petitioners is general and omnibus and they are not specifically alleged to have committed the murder
- Whether the petitioners' clean antecedents justify the grant of anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 302, 307, 324, 34
Subjects
- anticipatory bail
- general and omnibus accusation
- clean antecedents
- Indian Penal Code
- Criminal Procedure Code
- murder
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91412 of 2025
Arising Out of PS. Case No.-206 Year-2019 Thana- DORIGANJ District- Saran
======================================================
1. Vyaas Ray @ Vyas Ray S/o Late Banka Ray @ Late Banke Ray R/o ward
no. 16, vill - Singhi Gachi, P.S.- Doriganj, Distt.- Saran, BIhar
2. Sikandra Ray @ Sikandra Kumar Ray @ Sikendra Ray S/o Pasupati Ray
R/o ward no. 16, vill - Singhi Gachi, P.S.- Doriganj, Distt.- Saran, BIhar
3. Shailendra Ray @ Shailendra Kumar S/o Shyamji Ray R/o ward no. 16, vill
- Singhi Gachi, P.S.- Doriganj, Distt.- Saran, BIhar
4. Pintu Kumar S/o Virendra Ray R/o ward no. 16, vill - Singhi Gachi, P.S.-
Doriganj, Distt.- Saran, BIhar
5. Amit Kumar @ Amit Ray S/o Sikandra Ray @ Sikandra Kumar Ray @
Sikendra Ray R/o ward no. 16, vill - Singhi Gachi, P.S.- Doriganj, Distt.-
Saran, BIhar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Abhijeet Abhigyan, Advocate
For the State : Ms. Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 302, 307,
324 and 34 of the Indian Penal Code.
3. As per prosecution case, it is alleged that all the
F.I.R. named accused persons, including these petitioners,
abused and assaulted informant and his family members by
means of lathi, danda and knife due to which, brother of
Patna High Court CR. MISC. No.91412 of 2025(2) dt.10-02-2026
2/3
informant died on the spot.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. From bare perusal of the F.I.R. it is
apparent that specific accusation of assaulting brother of
informant with knife is against co-accused Sipahi Ray. During
course of investigation, co-accused Rahul Kumar was
apprehended who confessed that he stabbed the deceased. So far
as these petitioners are concerned, there are general and
omnibus nature of accusation and they are not alleged to be
assailant of the deceased. After detailed investigation, police
submitted final form against these petitioners, however,
differing with the same, the learned trial court took cognizance.
Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, fact that
petitioners are not the assailant of the deceased and clean
antecedents of the petitioners, the prayer for grant of
anticipatory bail to the petitioners is allowed.
Patna High Court CR. MISC. No.91412 of 2025(2) dt.10-02-2026
3/3
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged 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 J.M. First Class,
Saran at Chapra in connection with Doriganj P.S. Case No. 206
of 2019, subject to condition as laid down under Section 482(2)
of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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