Patna High Court

Jawahir Ray @ Jawahar RayversusThe State of Bihar

Decided: 23 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

Jawahir Ray was arrested in connection with a violent incident in which he and others allegedly assaulted the son of an informant and fired weapons, causing injuries. The prosecution charged him under Sections 126(2), 115(2), 109(1), 352 and 3(5) of the Bihar Negotiable Substances Act and Section 27 of the Arms Act. The petitioner sought regular bail, arguing that the FIR contains only vague, general allegations, that his injuries were minor, he has no prior criminal record, and he has been in custody since 25‑12‑2025. The State opposed bail, citing the seriousness of the offences. After hearing both sides, the court found the allegations insufficiently specific and, considering the petitioner’s age and lack of antecedents, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether regular bail should be granted to the petitioner despite charges under the Bihar Negotiable Substances Act and the Arms Act.
Whether the FIR contains specific allegations against the petitioner sufficient to justify denial of bail.

Legislation cited

Arms Act — s. 27

Subjects

regular bail
IPC
Arms Act
Bihar Negotiable Substances Act
criminal procedure
assault
injury
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10497 of 2026
                       Arising Out of PS. Case No.-418 Year-2025 Thana- RIVILGANJ District- Saran
                 ======================================================
                 Jawahir Ray @ Jawahar Ray S/o Late Ramgati Ray R/o Village - Ajaybganj,
                 P.S - Bhagwan Bazar, District – Saran         ... ... Petitioner/s
                                                    Versus
                 The State of Bihar                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Raushan Raj, Advocate
                 For the Opposite Party/s :        Mr. Bharat Bhushan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 109(1), 352 & 3(5) of the BNS and under Section 27 of

                   the Arms Act.

                                3. The case of the prosecution, in short, is that the

                   petitioner along with other 9 persons being armed with weapons

                   along with 4-5 unknown persons arrived and started assaulting

                   the son of the informant. It is further alleged that one Dinesh

                   Rai has fired on the son of the informant due to which

                   informant’s son Anshu Kumar got injured on left side of his

                   body. When the informant came to rescue his son, Dinesh Rai

                   fired from a desi mascot indiscriminately on the informant due

                   to which he got injury on finger of right hand.

                                4. Learned counsel for the petitioner submits that

                   nature of allegation is general and omnibus. It has further been
            Patna High Court CR. MISC. No.10497 of 2026(2) dt.23-02-2026
                                                        2/2




                      submitted that the nature of injury is simple. It has further been

                      submitted that from perusal of the FIR it is clear that there is no

                      specific allegation against the petitioner of assaulting. Learned

                      counsel for the petitioner has further submitted that there is also

                      a counter version of this case. Learned counsel for the petitioner

                      has submitted that the petitioner is an old man having no

                      criminal antecedent and he is languishing in judicial custody

                      since 25.12.2025.

                                   5. Learned APP for the State has vehemently opposed

                      the bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Rivilganj P.S. Case No. 418 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned J.M.- 1st Class, Saran at

                      Chhapra.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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