Baijnath Ray @ Baidhnath Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50164 of 2026 Arising Out of PS. Case No.-52 Year-2026 Thana- KHANPURA District- Samastipur ====================================================== 1.
Baijnath Ray @ Baidhnath Ray S/O Bhagnarayan Ray R/O Village- Kanu Vishanpur, P.S.- Khanpur, Distt.- Samastipur. 2.
Amit Ray @ Amit Kumar S/O Harinarayan ray R/O Village- Kanu Vishanpur, P.S.- Khanpur, Distt.- Samastipur. 3.
Soniya Devi W/O Rajgir Ray R/O Village- Bhola Tol Dinmanpur, P.S.- Khanpur, Distt.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shubhesh Pandey, Adv.
For the Opposite Party/s :
Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 29-07-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case in connection with Khanpur P.S. Case No. 52 of 2026 dated 10.03.2026 registered for the offences punishable under Sections 126(2), 115(2), 117(2), 118(1), 109(2), 76, 303(2), 352, 351(2) and 3(5) of the B.N.S.
3. As per the allegation, petitioners, forming an unlawful assembly with six other F.I.R. named co-accused persons along with 8-10 unknown persons, armed variously with lethal weapons came at the doorsteps of the informant. It is
2/4 alleged that petitioner no. 1 and co-accused Kundan Rai started assaulting the informant's father-in-law by means of butt of the pistol. When the father-in-law of the informant raised alarm, the mother-in-law and her husband came to save her, petitioner no. 3 assaulted the mother-in-law of the informant by means of iron rod, while co-accused Krishna Kumar assaulted on the head of the informant's husband by means of Farsa. It has further been alleged that when the informant came to save them, then, coaccused Chandan Kumar assaulted by means of iron rod on her left leg while co-accused Amit Rai took her Mangal Sutra. It has further been alleged that co-accused Lakshman Kumar entered the house and started breaking the household articles.
When the husband of the informant tried to make a call on Dial 112, coaccused Krishna Kumar snatched the mobile phone from him and gave it to co-accused Shyam Sah. It has further been alleged that with the help of officers of Dial 112, all the injured persons were taken to nearby Primary Health Center, Khanpur. Finding the condition of the informant to be critical, she was referred to DMCH, Darbhanga.
4. Learned counsel for the petitioner referring, to the impugned order, has submitted that the injuries sustained by the informant is grievous in nature and the same has specifically
3/4 been attributed to co-accused, Chandan Kumar. A specific statement has been made in paragraph no. 9 of the present application that other injured persons have sustained simple injuries. It has further been submitted that there is general and omnibus allegation against petitioner no. 2 to be the member of the unlawful assembly and the injuries allegedly inflicted by petitioner nos. 1 and 3 are simple in nature. It has further been submitted that F.I.R. was lodged after five days of the alleged occurrence, whereas it has been stated in the F.I.R. itself that the police arrived at the place of occurrence and took the injured to the hospital and they were allegedly treated at the hospitals, but no F.I.R. came to be lodged there. It has lastly been submitted that the petitioners have got no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Heard the learned counsel for the parties and perused the record.
7. Considering the facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the
4/4 like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Samastipur, in connection with Khanpur P.S. Case No. 52 of 2026, subject to conditions as laid down under section 482(2) of the B.N.S.S.
8. The application stands allowed.
(Praveen Kumar, J) Ankit Kumar/- U T