Prabhunath Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18851 of 2026 Arising Out of PS. Case No.-553 Year-2025 Thana- BANIAPUR District- Saran ====================================================== 1.
Prabhunath Ray S/o Late Munilal Ray Resident of Village- Lauwa Kala, P.S.- Baniyapur, District- Saran at Chapra 2.
Brijkishor Ray @ Brijkishor Yadav S/o Late Ram Janam Ray Resident of Village- Lauwa Kala, P.S.- Baniyapur, District- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Advocate For the Opposite Party/s :
Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-04-2026
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 118(1), 117(2), 109, 352, 351(2) and 3(5) of the BNS, 2023.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that on 15.12.2025 at 02:00 PM, all the named accused persons including the petitioners along with 10 unknown accused came on his land and started digging, on objection, Braj Kishore gave orders to kill, hence all the accused started
Patna High Court CR. MISC. No.18851 of 2026(2) dt.06-04-2026 2/3 assaulting him and Sachin assaulted him by rod causing injury on head and Deepak assaulted by rod causing fracture of hand, while other accused assaulted his uncle and Karan fired and threatened.
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that on account of dispute relating to land, the occurrence is alleged to have taken place. It is also submitted that no specific allegation of assault is alleged against the petitioner no. 1, though, petitioner no. 2 has been implicated with an allegation that he was an order giver. It is also submitted that it is easy to implicate a person alleging that based on his order, the occurrence was committed. It is next submitted that even the injury suffered by the injured has been opined to be simple in nature. It is further submitted that petitioners are not criminals.
5. Learned A.P.P. for the State opposes the anticipatory bail application of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender within a period of six weeks
Patna High Court CR. MISC. No.18851 of 2026(2) dt.06-04-2026 3/3 from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Baniyapur P.S. Case No. 553 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.
7. Accordingly, the instant anticipatory bail application is allowed.
(Satyavrat Verma, J) Rishabh/- U T