Rajkumar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51785 of 2026 Arising Out of PS. Case No.-77 Year-2026 Thana- KHAIRA District- Saran ====================================================== 1.
Rajkumar Ray S/o Mola Ray @ Bhola Ray Resident of Village- Tetarpur, P.S.- Khaira, District- Saran 2.
Ankaj Kumar S/o Mola Ray @ Bhola Ray Resident of Village- Tetarpur, P.S.- Khaira, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Prakash, Adv.
For the Opposite Party/s :
Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 29-07-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Khaira P.S. Case No. 77 of 2026 for the offence punishable under sections 126(2), 115(2), 109, 117(2), 3(5) of the BNS lodged on 04.03.2026 by the informant, Surenda Rai.
3. As per the prosecution case, the allegation against the petitioners is that they along with other accused persons on 03.03.2026 came near the house of the informant and started abusing him. During course of which, the petitioners are said to have assaulted on the head of one Usha Devi and Pinki Kumari due to which they sustained injuries. Accordingly, the FIR.
Patna High Court CR. MISC. No.51785 of 2026(2) dt.29-07-2026 2/3
4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case due to money dispute. The allegation against these petitioners are to have assaulted Pinki Devi and Usha Devi and the injuries sustained by them are simple in nature. Petitioner no.1 has got one criminal antecedent on which he is on bail while petitioner no.2 has got clean antecedent. It has next been undertaken by the petitioners that they will not indulge in such kind of activity in future and maintain peace and harmony with the informant.
5. Learned APP opposes the prayer for anticipatory bail.
6. Considering the nature of injury which is found to be simple in nature, this Court is inclined to extend them the privilege of anticipatory bail.
7. Let the petitioners, above named, be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with aforesaid PS Case, subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions:-
Patna High Court CR. MISC. No.51785 of 2026(2) dt.29-07-2026 3/3 (i) one of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his/their bail bonds.
(Ajit Kumar, J) perwez U T