Patna High Court

Horil RaiversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL REJECTED
Bench: RAJIV ROY

Holding

Anticipatory bail was denied, with the Court directing surrender and subsequent regular bail application.

Summary

The petitioners, four brothers, sought anticipatory bail fearing arrest in a case (Bidupur P.S. Case No. 424 of 2025) involving alleged offences under Sections 109, 326(a), 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arma Act. The prosecution alleged that the informant’s family was attacked while filling soil, resulting in a gunshot injury and arson of a hut, with the petitioners implicated either directly or as part of a larger group. The petitioners argued that the main accusation was against Ranjeet Rai and Indrajeet Rai, and that the charge against them was merely omnibus. The State highlighted the petitioners’ prior criminal antecedents of a similar nature. The Court, after considering the submissions and the criminal antecedents, concluded that bail could be sought only after surrender, and therefore rejected the anticipatory bail application. The Court directed that if the petitioners surrender within four weeks and file a regular bail application, the matter should be decided promptly, preferably on the same day.

Issues considered

Whether anticipatory bail should be granted to the petitioners under the alleged offences
Whether the petitioners' criminal antecedents justify denial of anticipatory bail

Legislation cited

Bharatiya Nyaya Sanhita — s. 109, 326(a), 3(5)

Subjects

anticipatory bail
criminal antecedent
Bharatiya Nyaya Sanhita
Arma Act
Sections 109
Section 326(a)
Section 3(5)
Section 27
bail procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1480 of 2026
                       Arising Out of PS. Case No.-424 Year-2025 Thana- BIDUPUR District- Vaishali
                 ======================================================
           1.     Horil Rai S/o Late Ram Lagan Rai Resident Of Village- Bishunpur Saidali,
                  Ps- Bidupur, Dist- Vaishali
           2.    Laxman Rai S/o Late Ram Lagan Rai Resident Of Village- Bishunpur
                 Saidali, Ps- Bidupur, Dist- Vaishali
           3.    Budhan Rai S/o Late Ram Lagan Rai Resident Of Village- Bishunpur
                 Saidali, Ps- Bidupur, Dist- Vaishali
           4.    Chandan Rai @ Chandan Kumar S/o Rajendra Rai Master Resident Of
                 Village- Bishunpur Saidali, Ps- Bidupur, Dist- Vaishali

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shivjee Singh, Advocate
                 For the State            :        Mr. Mithlesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   04-02-2026                    Heard the parties.

                                 2. The petitioners are apprehending their arrest in

                   connection with Bidupur P.S. Case No. 424 of 2025 registered

                   for the offence punishable under Sections 109, 326(a) and 3(5)

                   of the Bharatiya Nyaya Sanhita and section 27 of the Arma Act,

                   lodged on 17.06.2025 by the informant Sargun Rai.

                                 3. As per the prosecution story, the allegation is that

                   when the informant and his family members were filling soil

                   over the land, the accused persons armed variously came and on

                   the order of Ranjeet Rai, another person with the same name @
            Patna High Court CR. MISC. No.1480 of 2026(2) dt.04-02-2026
                                                        2/2




                      Indrajeet Rai opened fire causing injury in the hip. As he raised

                      alarm and wanted to leave the place, the allegation is that all the

                      accused persons set the hut on fire. He was shifted to Bidupur

                      Government Hospital and then to PMCH, Patna. This followed

                      the F.I.R..

                                    4. Learned counsel for the petitioners submit that

                      allegation is mainly against Ranjeet Rai and Indrajeet Rai,

                      omnibus allegation is against all the accused persons.

                                    5. Larned counsel representing the State on the other

                      hand submits that all these four petitioners have criminal

                      antecedent of the same nature.

                                    6. Considering the submissions of the parties as also

                      their criminal antecedent coupled with the facts on record, it

                      would be appropriate that they seek bail. The anticipatory bail

                      application stands rejected.

                                    7. However, if the petitioner surrenders within a

                      period of four weeks, files bail application, the court concerned

                      shall consider the matter and dispose it of preferably on the

                      same day.



                                                     (Rajiv Roy, J)
vinayak/-

U      T

Continue reading with your account

Checking your session…