Shivan Ray @ Shivan Kumar Ray Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Shivan Ray @ Shivan Kumar Ray Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioners, in the event of arrest or surrender before the Court below within four weeks, to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate, Shahpur Patori, Samastipur, in connection with Patori (Shahpur Patori) PS Case No. 452 of 2025, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS, 2023.

Issue for consideration

Whether the petitioners, accused in Shahpur Patori Police Station Case No. 452 of 2025 under Sections 126(2), 115(2), 117(2), 109, 74, 303(2), 352, 351(2), 3(5) BNS, 2023, are entitled to anticipatory bail.

Court's answer

Given that both parties are agnates with a longstanding land dispute, a case and counter case exist, and the injuries caused to the victim are simple in nature, the petitioners are granted the privilege of anticipatory bail.

Ratio / Principle

The anticipatory bail application is allowed.

Key takeaways

In the event of arrest or surrender before the Court below within four weeks, the petitioners are to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate, Shahpur Patori, Samastipur, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS, 2023.ratio¶¶23

Detailed headnote1 paragraphs

Anticipatory Bail — Patna High Court (Anil Kumar Sinha, J) allowed the anticipatory bail application of two petitioner agnates in Shahpur Patori (Samastipur) PS Case No. 452 of 2025, alleging offences under Sections 126(2), 115(2), 117(2), 109, 74, 303(2), 352, 351(2), 3(5) of the BNS, 2023 (assault on informant's father with lathi and iron rod during panchayati over a land dispute on 31.10.2025). Granting bail, the Court relied on: (i) the parties being agnates with a longstanding land dispute, partitioned on 04.07.2009; (ii) existence of a case and counter case (counter case registered as Shahpur Patori PS Case No. 454 of 2025); and (iii) injuries to the victim being simple in nature. Petitioners to be released on arrest/surrender within four weeks on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9220 of 2026

Arising Out of PS. Case No.-452 Year-2025 Thana- SHAHPUR PATORI District- Samastipur

======================================================

Shivan Ray @ Shivan Kumar Ray S/o Kishun Ray R/o Village- Ward No 6, Dakshini Dhamoun, PS- Patory, Distt- Samastipur

Lalit Ray S/o Kishun Ray R/o Village- Ward No 6, Dakshini Dhamoun, PSPatory, Distt- Samastipur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Khushi Awadh For the Opposite Party/s : Mr. Tarun Prasad Mandal ======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

3 27-04-2026

Heard learned Counsel for the petitioners and

learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Patori (Shahpur Patori) Police Station Case No. 452 of 2025, disclosing offences under Sections 126(2), 115(2), 117(2), 109, 74, 303(2), 352, 351(2), 3(5) of the BNS, 2023.

As per the FIR, on 31.10.2025, during the course of panchayati between the parties on the dispute regarding land, a scuffle took place and allegation against petitioner nos. 1 and 2 is that they assaulted the father of the informant by means of lathi and iron rod, causing injury on legs and hands.

Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.9220 of 2026(3) dt.27-04-2026 2/3

both the parties are agnates and there is longstanding land dispute between them. The partition of the property of the parties was done on 04.07.2009 on which the signature of Mukhiya, Sarpanch and parties are also there. A counter case has been lodged by the side of the petitioners against the informant having Shahpur Patori PS case No. 454 of 2025 and the fardbeyan of petitioner no. 1 was recorded at PMCH. Both the parties have sustained injuries but the injuries are simple in nature.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are agnates having land dispute, case and counter case is there and injuries caused to the victim are simple in nature, I am inclined to grant the petitioners privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioners, above named, in the event of

their 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 Additional Chief Judicial Magistrate, Shahpur Patori, Samastipur, in connection with

Patna High Court CR. MISC. No.9220 of 2026(3) dt.27-04-2026 3/3

Patori (Shahpur Patori) Police Station Case No. 452 of 2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.

(Anil Kumar Sinha, J)

HarshPandey/-

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