Patna High Court
Shankar RaiversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court denied regular bail to the petitioner.
Summary
Shankar Rai applied for regular bail in a case arising from PS Bhagwanpur where he is charged under Sections 126(2), 115, 118(1), 109, 352, 3(5) and later 103(1) of the Bihar Penal Code for allegedly striking the deceased Mritunjay Kumar on the back of his head with an iron rod. The co‑accused, Umesh Ray, faces the same allegation and his bail application was previously rejected by a coordinate bench. The petitioner’s counsel argued that the charge against him is limited to a single blow, but the prosecution highlighted the seriousness of the offences and the prior rejection of bail for the co‑accused. Justice Nawneet Kumar Pandey examined the allegations and concluded that the case is not suitable for granting bail. Consequently, the bail application was denied.
Issues considered
- Whether regular bail should be granted to the petitioner under the charged offences
Subjects
- regular bail
- criminal procedure
- assault with deadly weapon
- sections of Bihar Penal Code
- high court bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10155 of 2026
Arising Out of PS. Case No.-327 Year-2024 Thana- BHAGWANPUR District- Vaishali
======================================================
Shankar Rai S/O Bilash Rai Resident of Village- Karhari, P.S- Bhagwanpur,
Distt.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shivjee Singh
For the Opposite Party/s : Mr.Pranav Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 16-02-2026 Heard the learned counsel for the parties.
2. This is an application for regular bail on behalf
of the petitioner for the offences alleged under Sections 126(2),
115, 118(1), 109, 352 and 3(5) of the BNS with 103(1) of BNS
being added later on, registered in connection with Bhagwanpur
P.S.Case No. 327 of 2024.
3. Specific allegation on the petitioner and co-
accused Umesh Ray is that they inflicted iron rod blows on the
head of the deceased Mritunjay Kumar.
4. The learned counsel for the petitioner has submitted
that, according to allegation, co-accused Umesh Ray inflicted
rod blows on the head of the deceased and the allegation against
the petitioner, according to the FIR, is that he inflicted solitary
Patna High Court CR. MISC. No.10155 of 2026(2) dt.16-02-2026
2/2
rod blow on the back portion of his head.
5. On the other hand, the learned counsel for the
informant has submitted that on similar allegation the coordinate
Bench has rejected the bail application of co-accused Umesh
Ray. The deceased also suffered injury on the back portion of
his head.
6. In my view, it is not a fit case to grant the privilege
of bail to the petitioner. It is accordingly rejected.
(Nawneet Kumar Pandey, J)
HR/-
U T
Checking your session…