Nitish Ray @ Nitish Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21159 of 2026 Arising Out of PS. Case No.-418 Year-2025 Thana- RIVILGANJ District- Saran ====================================================== Nitish Ray @ Nitish Rai S/O Ramesh Ray R/O Village- Ajaybganj, P.SBhagwan Bazar, Distt.- Saran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raushan Raj, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 15-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Rivilganj P.S. Case No. 418 of 2025 instituted for the offence under Sections 126(2), 115(2), 109(1), 352 and 3(5) of BNS and Section 27 of the Arms Act.

3. The case of the prosecution is that the petitioner along with others being armed with lathi, danda and rifle arrived at the door of the informant and started assaulting the family members of the informant along with the informant.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this

Patna High Court CR. MISC. No.21159 of 2026(2) dt.15-04-2026 2/3 case. From perusal of the FIR, it is clear that there is general and omnibus allegation against the petitioner and others that they have assaulted the informant and his family members with lathi and danda. Learned counsel has submitted that petitioner is living outside the state for his livelihood and he is working in Simran Finisher and Annexure P/2 goes to show that on the date of occurrence, the petitioner was present in the said establishment. The biometric attendance also shows that he was not present at the place of occurrence rather he was at Gurgaon. Moreover, there is also a counter version of this case and from perusal of the injury report, it will transpire that the victims of this case have received simple injuries caused by hard and blunt substance. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Rivilganj P.S. Case No. 418 of 2025, he will

Patna High Court CR. MISC. No.21159 of 2026(2) dt.15-04-2026 3/3 be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Saran at Chapra subject to the conditions as laid down under section 482(2) of B.N.S.S.

(Ashok Kumar Pandey, J) Shubham/- U T