Dey Vinay Ray @ Dev Babu @ Dev Vinay Ray @ Dev Babu Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44786 of 2026 Arising Out of PS. Case No.-21 Year-2026 Thana- DORIGANJ District- Saran ====================================================== Dey Vinay Ray @ Dev Babu @ Dev Vinay Ray @ Dev Babu Ray S/o Rup Narayan Ray R/o- Village- Balwan Tola, P.s- Doriganj Dist- Saran Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Chandra Verma, Sr. Advocate :
Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 08-07-2026 Heard the learned senior counsel for the petitioner and the learned APP for the State.
2. The petitioner apprehends his arrest in connection with Doriganj P.S. Case No. 21 of 2026, for allegedly having committed offence under Sections 126(2), 115(2), 118(1), 109, 117(2), 303(2), 352 and 3(5) of the BNS.
3. As per the prosecution story, which has been lodged on the basis of the written report submitted by the informant to the effect that on the date of occurrence, the petitioner along with other co-accused persons came armed with lathi and farsa and stated using filthy language against the informant and others. Co-accused Amarjeet Rai assaulted on the head of the informant with a farsa due to which, he sustained
2/4 injuries. When the uncle of the informant, namely, Girija Nandan came to rescue him, the petitioner assaulted him with an iron rod on his head, however while trying to save himself with his hand, his left hand got fractured. It has further been alleged that co-accused Shiv Vinay assaulted on the head of the uncle of the informant with an iron rod, due to which he sustained injuries and co-accused Ashwini Kumar snatched gold chain from the neck of the informant.
4. The learned senior counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. He further submits that there was a free fight in between the parties for which, co-accused Amarjeet Rai also lodged Doriganj P.S. Case No. 20 of 2026 and the present case is a counter-blast of Doriganj P.S. Case No. 20 of 2026. He further submits that the even the injuries sustained by the injured Girija Nandan Rai have been found to be simple in nature by the treating doctor, however one of the injuries, which is a fracture, has been found greivous in nature. The petitioner has got a clean antecedent.
5. Per contra, the learned APP for the State vehemently opposes the prayer for bail of the petitioner and submits that there is specific allegation of assault against the
3/4 petitioner on the left hand of the uncle of the informant and one of the injuries have been found to be grievous in nature.
6. Having heard the rival submissions and after going through the record, it appears that there was a free fight in between the parties for some dispute, for which case and counter case has been lodged by both the parties. The coaccused Amarjeet Rai lodged Doriganj P.S. Case No. 20 of 2026 and the present case has been lodged by the informant as a counter-blast to the Doriganj P.S. Case No. 20 of 2026. From perusal of the injury report, which has been brought on record vide Annexure-2 to the present anticipatory bail petition, it would transpire that one of the injuries is grievous in nature i.e. fracture of the left hand of the uncle of the informant, however, the same is not on the vital part of the body.
Considering the facts and circumstances of the case, let the petitioner, above named, in the event of arrest or surrender within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VIII, Saran at Chapra in connection with Doriganj P.S. Case No. 21 of 2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
4/4
(1) 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 antecedents, the court concerned shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Ritesh Kumar, J) AjayMishra/- U T