Kamod Kumar Ray @ Kamod Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29941 of 2026 Arising Out of PS. Case No.-35 Year-2026 Thana- JALE District- Darbhanga ====================================================== 1.
Kamod Kumar Ray @ Kamod Ray S/o Sri Upendra Ray R/o vill - Reorha, P.S.- Jalley, Distt.- Darbhanga 2.
Upendra Ray S/o Late Anup Lal R/o vill - Reorha, P.S.- Jalley, Distt.- Darbhanga 3.
Pramila Devi W/o Sri Upendra Ray R/o vill - Reorha, P.S.- Jalley, Distt.- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Adv.
Mr.Shivam, Adv.
Ms. Sushmita Mishra, Adv.
For the Opposite Party/s :
Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 06-05-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Jalley P.S. Case No. 35 of 2026 registered for the offence under Sections 191(2), 190, 126(2), 127(2), 115(2), 118(1), 109(1), 303(2), 329(3), 329(4), 352, 351(2) of the Bharatiya Nyaya Sanhita (B.N.S.), 2023.
3. Prosecution case in brief is that one Anil Kumar lodged written report dated 19.02.2026 addressed to the Officer Incharge of Jale Police Station stating therein inter alia that on the same day at about 10.00 A.M. he was going to his village
2/4 and on the way, at the door some persons abused him and took him inside the door and they all assaulted him with lathi, khurpi, bamboo as a result of which he received injury on his head and he also received injury on his entire body. At that time one of his friend namely Nitish Kumar came and all accused also attacked him and he was badly injured The I-phone mobile and Rs.15,000/- were also taken from his pocket in course of assault. Kamod Ray, Upendra Ray, Mina Devi, Pramod Ray, wife of Upendra Ray, Pappu Kumar were the accused persons.
4. Learned counsel for the petitioners submits that petitioners are innocent and has committed no offence and they have falsely been implicated in this case. Learned counsel for the petitioners next submits that the allegation against the petitioners is of assaulting the informant. However, the injury sustained is simple in nature. Learned counsel for the petitioners next submits that the petitioners have been implicated as a counter blast to Jalley P.S. Case No.36 of 2026 lodged by Pramila Devi who is one of the petitioner in this case. The petitioners have clean antecedent.
5. The learned APP opposes the anticipatory bail application.
6. From the reading of the FIR, it appears that the
3/4 allegation against the petitioners is of assaulting the informant. However, the injury sustained is simple in nature. It also appears that the petitioners have been implicated as a counter blast to Jale P.S. Case No.36 of 2026 lodged by Pramila Devi who is one of the petitioner in this case. The petitioners have clean antecedent. Under these circumstances, this Court is inclined to grant privilege of anticipatory bail to the petitioner.
7. Accordingly, the petitioners above named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Darbhanga at Laheriasarai in connection with Jalley P.S. Case No. 35 of 2026, subject to the conditions laid down under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with following conditions: (i) the petitioners shall co-operate in the investigation/trial.
(ii) the learned Court would, however, verify the criminal antecedent of the petitioners and in case it is found that the petitioners have concealed their criminal antecedent, the
4/4 Court below shall take step for cancellation of bail bond of the petitioners. However, it is expected that the verification process would be done expeditiously without causing any delay. (Alok Kumar Sinha, J) Prakash Narayan U T