Patna High Court

Shivan Ray @ Shivan Kumar RayversusThe State of Bihar

Decided: 27 April 2026
Disposal: BAIL GRANTED
Bench: ANIL KUMAR SINHA

Holding

The court granted anticipatory bail to the petitioners.

Summary

The petitioners, Shivan Ray and Lalit Ray, applied for anticipatory bail in a case (PS‑452/2025) alleging assault on the informant’s father during a land‑dispute scuffle. The FIR listed several offences under the Bihar Negotiable Sale Act, 2023, including sections 126(2), 115(2), 117(2) and others. The petitioners argued that both parties are agnates, the dispute is longstanding, a counter‑case has been filed, and the injuries sustained are simple. The court considered these facts, the nature of the offences and the existence of a counter‑case, and found no reason to deny bail. Consequently, the court granted anticipatory bail subject to a bond of Rs 10,000 with two sureties and conditions under Section 438(2) CrPC and Section 482(2) of the BNSS, 2023.

Issues considered

Whether anticipatory bail should be granted under Section 438 CrPC given the alleged offences.
Whether the agnate relationship and existence of a counter‑case affect the grant of bail.
Whether the simple nature of injuries justifies release on bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
land dispute
assault
simple injuries
agnates
Bihar Negotiable Sale Act
CrPC Section 438

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9220 of 2026
                 Arising Out of PS. Case No.-452 Year-2025 Thana- SHAHPUR PATORI District- Samastipur
                 ======================================================
           1.     Shivan Ray @ Shivan Kumar Ray S/o Kishun Ray R/o Village- Ward No 6,
                  Dakshini Dhamoun, PS- Patory, Distt- Samastipur
           2.    Lalit Ray S/o Kishun Ray R/o Village- Ward No 6, Dakshini Dhamoun, PS-
                 Patory, Distt- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Khushi Awadh
                 For the Opposite Party/s :       Mr. Tarun Prasad Mandal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   27-04-2026                     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 Patori (Shahpur Patori) Police Station Case No.

                   452 of 2025, disclosing offences under Sections 126(2), 115(2),

                   117(2), 109, 74, 303(2), 352, 351(2), 3(5) of the BNS, 2023.

                                   3. As per the FIR, on 31.10.2025, during the course

                   of panchayati between the parties on the dispute regarding land,

                   a scuffle took place and allegation against petitioner nos. 1 and

                   2 is that they assaulted the father of the informant by means of

                   lathi and iron rod, causing injury on legs and hands.

                                   4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.9220 of 2026(3) dt.27-04-2026
                                            2/3




          both the parties are agnates and there is longstanding land

          dispute between them. The partition of the property of the

          parties was done on 04.07.2009 on which the signature of

          Mukhiya, Sarpanch and parties are also there. A counter case

          has been lodged by the side of the petitioners against the

          informant having Shahpur Patori PS case No. 454 of 2025 and

          the fardbeyan of petitioner no. 1 was recorded at PMCH. Both

          the parties have sustained injuries but the injuries are simple in

          nature.

                          5. Having regard to the submissions made on

          behalf of the parties and taking into consideration the fact that

          both the parties are agnates having land dispute, case and

          counter case is there and injuries caused to the victim are simple

          in nature, 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 arrest or surrender before the Court below within four

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

          10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned Additional Chief Judicial

          Magistrate, Shahpur Patori, Samastipur, in connection with
           Patna High Court CR. MISC. No.9220 of 2026(3) dt.27-04-2026
                                                       3/3




                     Patori (Shahpur Patori) Police Station Case No. 452 of 2025,

                     subject to the condition laid down under Section 438 (2) of the

                     Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.



                                              (Anil Kumar Sinha, J)
HarshPandey/-

U      T

Continue reading with your account

Checking your session…