Agni Ray @ Agin Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33173 of 2026 Arising Out of PS. Case No.-358 Year-2025 Thana- DIGHWARA District- Saran ====================================================== Agni Ray @ Agin Ray S/o- Late Jagarnath Ray @ Jagannath Ray @ Jagnath Ray Village- Saidpur bagahi PS-Dighwara Distt- Saran Chhapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Ms. Ayushi, Advocate Mr. Amit Prakash, Advocate For the State :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 20-07-2026 Heard the learned counsel for the petitioner and the learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends his arrest in connection with Dighwara P.S. Case No.358 of 2025 for allegedly having committed offences under Sections 303(2), 126(2), 115(2), 324(4), 109, 351(2), 352 and 3(5) of B.N.S., 2023.
3. As per the First Information Report, which has been lodged on the basis of the written report submitted by the informant, to the effect that on the date occurrence at about 17:00 p.m., all the named accused persons, including the petitioner started using filthy language against the informant and started pelting bricks from their rooftop, due to which the asbestos sheet of the informant was broken. In the meantime, all
2/4 the accused persons armed with stick, iron pipe came and the petitioner assaulted the wife of the informant namely, Sarita Devi on her head with an iron pipe, due to which she sustained injuries on her head and was given seven stitches. When the informant went to save his wife, then co-accused, Kishore Ray, Manoj Ray and Shanti Devi assaulted the informant with stick and brick, due to which he sustained injuries on his right leg and left thumb. When the sister-in-law and father of the informant came there to save them, all the accused persons brutally assaulted them, due to which they also sustained injuries. The accused persons also snatched gold ornaments to the tune of Rs.75,000/-.
4. The learned counsel for the petitioner submits that false and concocted allegation have been levelled in the First Information Report. All the parties i.e. the accused persons and the informant are agnates and there is dispute in between them. The wife of the petitioner, who is also an accused in the case, namely, Shanti Devi has also filed Dighwara P.S. Case No.359 of 2025 under different sections of the B.N.S. against the informant and his family members. She further submits that the petitioner, his wife and mother-in-law also got injured in the said scuffle. She further submits that from perusal of the injury
3/4 report, it would transpire that Sarita Devi has sustained simple injuries. It is submitted that the petitioner has got a clean antecedent.
5. Per contra, the learned A.P.P. for the State opposes the prayer for grant of anticipatory bail to the petitioner and submits that specific allegation of assault on the head of the wife of the informant is against the petitioner and she was given seven stitches on her head.
6. Having considered the rival submissions and after going through the records, it appears that general and omnibus allegation of assault has been levelled against all the accused persons. The specific allegation of assault on the head of the wife of the informant with an iron pipe is against the petitioner, however from the injury report, which is on record, it would transpire that the injuries sustained by the injured Sarita Devi, wife of the informant has been found to be simple in nature by the treating doctor and even the injuries sustained by the informant have been found to be simple in nature.
7. Taking into consideration the facts aforesaid, let the petitioner, above-named, in the event of his arrest or surrender within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
4/4 sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Saran at Chapra in connection with Dighwara P.S. Case No.358 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S. with a further condition that:- The learned court concerned shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court concerned shall take steps for cancellation of his bail bond. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Ritesh Kumar, J.) Sanjay/- U T