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Patna High Court

Shankar RaiversusThe State of Bihar

Decided
Disposal
DISMISSED

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


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