Birendra Ray @ Virendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18758 of 2026 Arising Out of PS. Case No.-219 Year-2025 Thana- WARISNAGAR District- Samastipur ====================================================== Birendra Ray @ Virendra Ray Son of Suttu Ray Resident of VillageManiyarpur, P.S.- Warishnagar, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Narayan Roy, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-04-2026

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2), 3(5) of the B.N.S., 2023.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that petitioner along with others were cutting banana tree in the orchard of informant, on objection, the petitioner assaulted him by dabiya causing injury on head on order of Suttu and took out Rs.20,000/-.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that the orchard belongs to the petitioner. It is also submitted that no doubt allegation is of

Patna High Court CR. MISC. No.18758 of 2026(2) dt.02-04-2026 2/2 assaulting the informant by dabiya causing injury on head but then the blow is not alleged to have been repeated and the injury also appears to be simple for the reason that the order impugned though records about the injury but does not disclose the nature of injury i.e. whether it is simple or grievous. It is thus submitted that had the injury been grievous in that event the same would have been recorded in the order impugned. It is also submitted that petitioner is not a criminal.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) 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 Warishnagar P.S. Case No.219/2025, subject to the conditions as laid down under Section 482(2) B.N.S.S. (Satyavrat Verma, J) amit/- U T