Patna High Court
Hari Shankar RaiversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail cannot be granted in view of the gravity of the offences and the petitioner’s role as the assailant.
Summary
Hari Shankar Rai was arrested in connection with a case registered under Sections 341, 323, 307, 302, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act. He applied for regular bail for the second time after an earlier bail application was rejected. The petitioner’s counsel argued that four of eight witnesses had been examined, but the State opposed bail, emphasizing the petitioner’s role as the assailant of the deceased and the seriousness of the offences, which include murder and attempted murder. The High Court examined the gravity of the charges and the fact that the petitioner has been in custody since November 2023. Finding no sufficient ground to overturn its earlier order, the Court denied bail, upholding the earlier dismissal.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with murder, attempted murder, and other serious offences
- Whether the examination of four out of eight witnesses warrants a reconsideration of the earlier bail denial
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 307, 323, 341, 504, 506/34
Subjects
- bail
- murder
- attempted murder
- assault
- Arms Act
- serious offences
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11364 of 2026
Arising Out of PS. Case No.-827 Year-2023 Thana- MANER District- Patna
======================================================
Hari Shankar Rai Son of Khiladi Ray @ Khelari Rai R/V - Sadikkpur
Bagicha, P.S. - Maner, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 23-02-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner. The
petitioner seeks bail in connection with Maner P.S. Case No.
827 of 2023, registered for the offence under Sections 341, 323,
307, 302, 504 and 506/34 of the Indian Penal Code and section
27 of the Arms Act.
3. Earlier the bail application of the petitioner was
rejected on 02.07.2025 in Cr. Misc. No. 9291 of 2025, which
reads as follows:-
“Heard learned Senior Counsel
for the petitioner; learned APP for the State
and learned counsel for the informant.
2. The petitioner seeks bail in
connection with Maner P.S. Case No. 827 of
2023 registered for the offence punishable
Patna High Court CR. MISC. No.11364 of 2026(2) dt.23-02-2026
2/2
under Sections 341, 323, 307, 302, 504 and
506/34 of the Indian Penal Code and Section
27 of the Arms Act.
3. The petitioner is the assailant of
the deceased. He is in custody since
19.11.2023.
4. Learned APP appearing for the
State and learned counsel for the informant
have vehemently opposed the prayer for
regular bail of the petitioner.
5. Considering the fact that the
petitioner is the assailant of the deceased, I
am not inclined to grant bail to the
petitioner.
6.Accordingly, the application
stands dismissed.”
4. Learned counsel for the petitioner submist that out
of 8 witnesses, 4 witnesses have been examined.
5. Considering the gravity of offence, this Court finds
no ground to review its earlier order. Accordingly, this
application for regular bail stands rejected.
(Sandeep Kumar, J)
Ranjeet/-
U T
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