← Library
Patna High CourtCR. MISC./3396/2026bail granted

Vijay Ray @ Pagal Ray v. The State Of Bihar

2026-02-23Mr. Justice Ajit Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3396 of 2026 Arising Out of PS. Case No.-205 Year-2025 Thana- BHELDI District- Saran ====================================================== Vijay Ray @ Pagal Ray Son of Mahesh Ray Resident of Village- Gopalpur, P.S.- Bheldi, District- Saran, Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gajendra Nath Ojha, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 23-02-2026 Heard the learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Bheldi P.S. Case No.205 of 2025, F.I.R dated 27.07.2025 registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 303(2), 351(2), 351 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. According to prosecution case, on 24.07.2025, Fulgeni Devi of village Gopalpur (P.S. Bheldi, Saran) gave an oral statement to the S.H.O., Bheldi P.S., alleging that her son Himanshu Kumar was assaulted near N.H. 722 Chapra-Bheldi road by Vijay Ray @ Pagal Ray and Ajay Ray, who abused him and beat him with a lathi. When she intervened, Meena Devi allegedly pulled her hair and threw her to the ground.

2/4 Thereafter, Manesh Ray allegedly struck her on the head with an iron rod with intent to kill, causing head injury. She further alleged that Vijay Ray and Ajay Ray continued assaulting her, joined by Mukesh Kumar Ray, Pinki Devi, and Jagarnath Ray, who assaulted her with fists and slaps. During the incident, Meena Devi allegedly snatched her gold locket and nose pin. She also stated that Vijay Ray threatened to kill her, mentioning that she was a witness in Bheldi P.S. Case No. 82/16, and warned her against filing a case.

4. Learned counsel for the petitioner submits that there is a counter version to the entire incident and the allegation against the petitioner is of having assaulted the son of the informant by lathi on his leg and the injuries sustained by the son of the informant, are found to be simple in nature while, the Co-ordinate Bench of this Court had granted the privilege of anticipatory bail to similarly situated co-accused persons vide order dated 15.01.2026 passed in Cr. Misc. No.89244 of 2025. It has next been submitted that the petitioner has criminal antecedents but he is on bail in all such cases.

5. Learned APP for the State opposes the prayer for anticipatory bail application.

6. Considering the aforesaid facts and circumstances

3/4 that the injuries sustained by the son of the informant are simple in nature and the Co-ordinate Bench of this Court had granted the privilege of anticipatory bail to similarly situated co-accused persons vide order dated 15.01.2026 passed in Cr. Misc. No.89244 of 2025. Accordingly, this Court is inclined to grant the privilege of anticipatory bail to the petitioner.

7. Let the petitioner, above named, in the event of his/her arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, 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 the learned Chief Judicial Magistrate, Saran Chapra, in connection with Bheldi P.S. Case No.205 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- (i) one of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/personal affidavit to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail

4/4 cancellation of his/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) sharun/- U T