CR. MISC./56965/2025 of Sunil Ray Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56965 of 2025 Arising Out of PS. Case No.-290 Year-2024 Thana- MANSI District- Khagaria ====================================================== Sunil Ray Son of Sonelal Ray Resident of Village - Saidpur, Police Station - Mansi, District - Khagaria. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vivekanand Singh, Adv. For the Opposite Party/s: Mr. Rabindra Kumar, App. For the Informant : Ms. Muskan Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 17-02-2026 1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Mansi Police Station Case No. 290 of 2024, disclosing offences under Sections 190, 191(2), 191(3), 115(2), 126(2), 109, 303(2), 352, 351(2) of the BNS, 2023 and Section 27 of the Arms Act. 3. As per the FIR, on 04.12.2024 at about 3 p.m., while the informant, along with his cousin brother, was tilling the field, the petitioner along with other accused persons having rifle, three-nutt, iron rod, etc. in their hands, prevented the Patna High Court CR. MISC. No.56965 of 2025(2) dt.17-02-2026 2/4 informant from ploughing the field and started abusing. When the cousin brother of the informant intervened, co-accused Chhotu Ray abused and assaulted the informant with iron rod on his head. Co-accused Santosh Ray also opened fire, which caused injury on the informant’s head. One Pinkesh Ray assaulted the cousin brother of the informant by iron rod. When the family members of the informant intervened, the accused persons also assaulted them with iron rod. 4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to long- standing land dispute between the parties. Both the parties are agnates and a title partition suit bearing Title Partition Suit No. 170 of 2012 is pending between the parties. A counter case has been lodged by the side of the petitioner against the informant bearing Mansi P.S. Case No. 293 of 2024. The specific allegation of assault is not against the petitioner and the allegation against him is general and omnibus in nature of assaulting the family members of the informant. The similarly situated co-accused persons have been granted anticipatory bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 57831 of 2024. 5. On the other hand, learned Counsel for the Patna High Court CR. MISC. No.56965 of 2025(2) dt.17-02-2026 3/4 informant vehemently opposes the prayer for anticipatory bail and submits that the petitioner, along with other accused persons and by forming unlawful assembly, assaulted the informant and his family members, due to which informant and one Ankur Kumar have sustained grievous injury. 6. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that specific allegation of assault is not there against the petitioner and the injuries sustained by the informant is not attributable to the petitioner, there is a case and counter-case between the parties, both the parties are agnates and similarly situated co- accused persons have been granted anticipatory bail by a Co- ordinate Bench of this Court, I am inclined to grant the petitioner privilege of anticipatory bail. 7. This application is, accordingly, allowed. 8. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four 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 learned Judicial Magistrate, 1 st Class, Khagaria, in connection with Mansi Police Station Case No. 290 of 2024, subject to the condition laid down under Section 438 Patna High Court CR. MISC. No.56965 of 2025(2) dt.17-02-2026 4/4 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023. HarshPandey/- (Anil Kumar Sinha, J) U T