Patna High Court
CR. MISC./42682/2026 of Indal Ray @ Indal Rai Vs The State of Bihar on 14 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42682 of 2026 Arising Out of PS. Case No.-313 Year-2025 Thana- DUMARIAGHAT District- East Champaran ====================================================== 1. Indal Ray @ Indal Rai S/o Jiut Ray R/o Village - Dakshini Hussaini, P.S -
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42682 of 2026
Arising Out of PS. Case No.-313 Year-2025 Thana- DUMARIAGHAT District- East Champaran
======================================================
1.
Indal Ray @ Indal Rai S/o Jiut Ray R/o Village - Dakshini Hussaini, P.S - Dumariyaghat, District - East Champaran
2.
Basant Ray S/o Jiut Ray R/o Village - Dakshini Hussaini, P.S - Dumariyaghat, District - East Champaran
3.
Pawan Ray S/o Ramchandra Ray R/o Village - Dakshini Hussaini, P.S - Dumariyaghat, District - East Champaran
4.
Guddu Kumar S/o Devendra Ray R/o Village - Dakshini Hussaini, P.S - Dumariyaghat, District - East Champaran
5.
Devendra Ray S/o Bilesh Ray R/o Village - Dakshini Hussaini, P.S - Dumariyaghat, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
Appearance :
For the Petitioner/s
:
Mr. Abhishek Kumar, Advocate
Mr. Harsha Shashwat, Advocate
For the State
:
Mr. Chandra Sen Prasad Singh, A.P.P.
For the Informant
:
Mr. Karandeep Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
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ORAL ORDER
14-08-2026 Heard learned counsel appearing on behalf of the petitioners, learned Additional Public Prosecutor for the State and learned counsel appearing on behalf of the informant.
2. This application for anticipatory bail arises out of Dumariyaghat P.S. Case No. 313 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 119(1), 117(2), 109 and 3(5) of the B.N.S.
3. As per the allegation, the petitioners allegedly came to the shop of the informant in a pre-planned manner, armed with lathis, spears, axes, gandasas and iron rods and assaulted the informant and others. It is further alleged that petitioner no. 1 assaulted Arjun Rai with an iron rod, causing injury to his head, whereas petitioner no. 2 assaulted his nephew with an axe, causing injury to his head.
4. Learned counsel appearing on behalf of the petitioners submits that, so far as the injury report of Arjun Rai is concerned, there are two injury reports which are self- contradictory. The injury report issued by C.H.C., Kesariya, East Champaran, Motihari, dated 29.11.2025, indicates that the injuries sustained by Arjun Rai were opined to be simple in nature. It is submitted that the said injured was examined on police requisition, which was received on 20.11.2025. On the other hand, the injury report issued by Dr. Rahman Memorial Hospital, Motihari, which was supplied on 26.12.2025, mentions a large lacerated wound with sharp edges over the left parietal-frontal-occipital region and opines the injury to be grievous in nature. Learned counsel submits that the two injury reports, relating to the examination of the injured at two different points of time, reflect materially different findings and are, therefore, contradictory to each other.
5. Learned counsel for the petitioners further submits that after thorough investigation, the police submitted charge- sheet under Sections 126(2), 115(2), 118(1), 352, 351(2) and 3(5) of the B.N.S.; however, the learned Magistrate differed from the findings of the police and took cognizance against the petitioners for the offences punishable under Sections 126(2), 115(2), 118(1), 117(2), 109(1) and 3(5) of the B.N.S. It is further submitted that there is a case and counter-case between the parties and that the members of the petitioners' side had also sustained injuries. So far as the injury report of the nephew of the informant is concerned, the same is not on record. It is lastly submitted that the petitioners have been made accused in another case, but the allegations therein are not of a similar nature. It is also submitted that there is a delay of about ten days in filing the present application.
6. Learned counsel for the State as well as learned counsel appearing on behalf of the informant opposed the prayer for anticipatory bail. Learned counsel for the informant submits that there is a specific allegation against petitioner no. 1, which resulted in grievous injury to the injured Arjun Rai and that the other petitioners, acting in furtherance of their common intention, assaulted the son as well as the nephew of the informant. It is further submitted that the counter-case has been lodged only with a view to create a defence.
7. Heard the parties and perused the record.
8. Considering the facts and circumstances of the case, including the delay in lodging the F.I.R. and the contradictory injury reports, let the petitioners above named, in the event of their arrest or surrender within a period of six weeks from today before the Court below, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-F.C., East Champaran, Motihari, in connection with Dumariyaghat P.S. Case No. 313 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
9. It is made clear that any observation made in this order is prima facie in nature and is confined only to the consideration of the prayer for anticipatory bail of the petitioners. The same shall have no bearing on the merits of the case and shall not prejudice the case of the parties at the time of trial.
Neha/- (Praveen Kumar, J) U T