Dev Kumar Ray @ Debu Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29650 of 2026 Arising Out of PS. Case No.-185 Year-2025 Thana- MOHANPUR District- Samastipur ====================================================== 1.
Dev Kumar Ray @ Debu Rai, Gender-Male, aged about 26 years, S/o Late Jagdish Rai, resident of village - Manjha (Dashahra), Police StationMohanpur, District - Samastipur 2.
Pintu Kumar, Gender Male, aged about 28 years, S/o Late Jagdish Rai, resident of village- Manjha (Dashahra), Police Station - Mohanpur, District - Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rohit Kumar, Advocate For the Opposite Party/s :
Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 06-05-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 126(2), 115(2), 109(1), 76, 303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per allegations in the FIR, on 11.08.2025, petitioners along with one co-accused, namely, Shivu Rai entered the house of the informant and assaulted the father of the informant, namely, Shambhu Rai by means of sword and during rescue, the informant's father sustained head injuries.
Patna High Court CR. MISC. No.29650 of 2026(2) dt.06-05-2026 2/3
4. Learned counsel for the petitioners submit that petitioners have falsely been implicated in this case. He further submits that there is admitted land dispute between the parties, informant is not an eye-witness to the alleged occurrence, there is no direct allegation against the petitioners rather there is general and omnibus allegation against them, no medical examination supports the claim of the informant and there is case and counter case against them. Petitioners have got clean antecedent as stated in para-3 of the petition. He next submits that the present case was lodged after a delay of 12 days of the alleged occurrence.
5. Learned APP for the State opposes the prayer for anticipatory bail of the petitioners.
6. In view of the aforesaid submissions as also the fact that there is admitted land dispute between them, so I am inclined to grant anticipatory bail to the petitioners. Let the above named two petitioners be released on anticipatory bail in the event of their arrest or surrender before the court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM, Samastipur in connection with Mohanpur P.S. Case No. 185 of 2025, subject
Patna High Court CR. MISC. No.29650 of 2026(2) dt.06-05-2026 3/3 to the conditions as laid down under Section 482(2) of the BNSS.
(Ramesh Chand Malviya, J) Brajesh Kumar/- U T