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Patna High Court

Ram Udgar RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the petitioners' anticipatory bail, subject to specified conditions.

Summary

Petitioners Ram Udgar Ray and Avinash Ray sought anticipatory bail fearing arrest in connection with FIR No. 328 of 2025 alleging assault with an iron rod and theft of a gold chain under several sections of the Bharatiya Nyaya Sanhita, 2023. They contended that the allegations were false, the injuries were minor, and the case stemmed from an old dispute, also noting a counter‑case filed by one of them. The State opposed the bail. The High Court, after considering the submissions, granted anticipatory bail subject to conditions, invoking Section 438(2) of the Code of Criminal Procedure read with Section 482(2) of the Bharatiya Nyaya Sanhita. The order stipulated bail bonds, sureties, presence in court, and provisions for cancellation upon violation or concealment of antecedents. The court clarified that its observations would not affect the trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC in view of the alleged offences under the Bharatiya Nyaya Sanhita.
  • Whether the nature of the alleged assault and theft, and the claim of false allegations, justify denial of bail.
  • Whether the conditions imposed under Section 438(2) CrPC and Section 482(2) B.N.S.S. are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • assault
  • false allegations
  • bail conditions
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9662 of 2026
                   Arising Out of PS. Case No.-328 Year-2025 Thana- BIBHUTIPUR District- Samastipur
                 ======================================================
           1.     Ram Udgar Ray, S/O Late Ram Raksha Ray @ Ram Briksha Roy Resident
                  of village- Dih Tabhka, ward no 3, P.s.- Bibhutipur, District- Samastipur
           2.    Avinash Ray @ Avinash Kumar, S/O Ranjit Ray Resident of village- Dih
                 Tabhka, ward no 3, P.s.- Bibhutipur, District- Samastipur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sonia Narayan Sinha, Advocate
                 For the Opposite Party/s :       Mr. Surendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   24-02-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. Petitioners apprehend their arrest in connection

                   with Bibhutipur P.S. Case No. 328 of 2025 registered for the

                   offences under Sections 126(2), 115(2), 109, 303(2), 352,

                   351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. The allegation against the petitioners is that they

                   have assaulted the informant with iron rod and the co-accused

                   have also assaulted and had snatched away the gold chain.

                                4. Learned counsel for the petitioners submits that the

                   allegations levelled against the petitioners are palpably false and

                   the incident as alleged had not occurred. It has further been

                   submitted that for the same occurrence a counter case has been
Patna High Court CR. MISC. No.9662 of 2026(2) dt.24-02-2026
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          lodged on behalf of the petitioner, filed by the petitioner no.1. It

          has next been submitted that even if the allegations are taken at

          its face value, it would appear that the allegations are general

          and omnibus in nature and the injury report, which has also been

          recorded in the impugned order, states that the injuries were

          found to be simple in nature and hence no case under Section

          109 of the BNS is made out. It has lastly been submitted that it

          was on account of the old dispute, the present FIR has been

          lodged against the petitioners, who carry clean antecedents.

                       5. Learned APP for the State has opposed the prayer

          for anticipatory bail.

                       6. Considering the facts and circumstances of the case

          and the submissions advanced on behalf of the parties, let the

          petitioners above named be released on anticipatory bail, in the

          event of arrest or surrender before the learned Court below

          within a period of four weeks from today, on furnishing bail

          bonds of Rs.10,000/-(ten thousand) each with two sureties of the

          like amount each to the satisfaction of the learned Court below

          where the case is pending/successor court in connection with

          Bibhutipur P.S. Case No. 328 of 2025, subject to the conditions

          as laid down under Section 438(2) of the Code of Criminal

          Procedure read with corresponding Section 482(2) of B.N.S.S.
              Patna High Court CR. MISC. No.9662 of 2026(2) dt.24-02-2026
                                                          3/3




                        as well as subject to the following conditions:-

                                        (i) One of the bailors of the petitioners shall be their
                                        close relative.
                                        (ii) The petitioners shall remain physically present in
                                        Court on each date of the trial.
                                        (iii) In case of absence on two consecutive dates, or in
                                        violation of the terms of the bail, the bail bond of the
                                        petitioners will be liable to be cancelled by the Court
                                        concerned.
                                        (iv) If the petitioners are found involved in similar
                                        nature of offence in future, the prosecution shall be at
                                        liberty to move for cancellation of their bail bond.
                                        (v) The learned Court below shall verify the criminal
                                        antecedent of the petitioners and in case at any stage it
                                        is found that the petitioners have concealed their
                                        criminal antecedent, the court below shall take step for
                                        cancellation of bail bond of the petitioners. However,
                                        the acceptance of bail bonds in terms of the above-
                                        mentioned order shall not be delayed for purpose of or
                                        in the name of verification.

                                     7. Accordingly, the prayer for anticipatory bail is

                        allowed.

                                     8. It is made clear that the observation, if any, made in

                        this order, shall be of no bearing during the trial.



                                                 (Sourendra Pandey, J)
manoj/-

U         T


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