Umesh Ray v. The State Of Bihar
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 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
2/4 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
3/4 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
4/4 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