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Patna High Court

Rakesh RayversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the allegations involved serious offences and grievous injuries.

Summary

The petitioners, Rakesh Ray and Anandi Ray, sought anticipatory bail after an FIR was lodged under multiple IPC provisions and Section 25(g) of the Arms Act alleging they assaulted a tenant, caused grievous injuries, and attempted arson. The prosecution alleged that the petitioners, armed, tried to fire at the informant and later inflicted grievous injuries with iron rods. The petitioners argued the informant was a tenant who had defaulted on rent, contending the FIR was motivated by a rent dispute. The State relied on the Sessions Judge’s finding that the injuries were indeed grievous. Considering the seriousness of the offences and the finding of grievous injury, the Court held that no relief could be granted and rejected the anticipatory bail applications.

Issues considered

  • Whether anticipatory bail under Section 438 of the CrPC can be granted to the petitioners given the nature of the alleged offences and the finding of grievous injury.

Legislation cited

Subjects

  • anticipatory bail
  • grievous injury
  • IPC
  • Arms Act
  • assault
  • arson
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.15250 of 2026
                       Arising Out of PS. Case No.-417 Year-2025 Thana- DESARI District- Vaishali
                 ======================================================
                 Rakesh Ray S/O Rajendra Ray Village- Ibrahimpur Sridarshan, Ward No. 4,
                 Bajitpur Chak Kasturi, P.S.- Desari (Sahdei), District- Vaishali at Hajipur
                                                                                  ... ... Petitioner/s
                                                     Versus
                 The State of Bihar Patna                                 ... ... Opposite Party/s
                 ======================================================
                                                         with
                             CRIMINAL MISCELLANEOUS No. 15901 of 2026
                       Arising Out of PS. Case No.-417 Year-2025 Thana- DESARI District- Vaishali
                 ======================================================
                 Anandi Ray Son of Late Maheshwar Ray Resident of Village- Kathauliya,
                 P.S.- Bidupur, District- Vaishali at Hajipur         ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 15250 of 2026)
                 For the Petitioner/s     : Ms.Sudha, Advocate
                                            Md. Nishad Alam, Advocate
                 For the Opposite Party/s : Ms.Asha Devi, APP
                 (In CRIMINAL MISCELLANEOUS No. 15901 of 2026)
                 For the Petitioner/s     : Ms.Sudha, Advocate
                                            Md. Nishad Alam, Advocate
                 For the Opposite Party/s : Ms.Asha Devi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   12-03-2026                   Heard Ms. Sudha, learned counsel for the petitioners

                   duly assisted by Md. Nishad Alam for the petitioners and the

                   State.

                                2. The petitioners are apprehending arrest in

                   connection with Desari P.S. Case No. 417 of 2025 instituted

                   under Sections 191(2), 191(3), 115(2), 109(1), 118(1), 351(2),

                   351(3), 352 of the BNS and section 25(g) of the Arms Act

                   lodged on 22.11.2025 by the informant, Munshi Sharma.

                                3. As per the prosecution story, the accused persons
             Patna High Court CR. MISC. No.15250 of 2026(2) dt.12-03-2026
                                                         2/2




                       armed variously came and firstly Anandi Rai tried to open fire

                       which did not work. Later, both the petitioners gave iron rod

                       blow which caused grievous injury to the informant. Earlier also

                       they tried to put the house on fire which led to Sahdei P.S. Case

                       No. 107 of 2017.

                                    4. Learned counsel for the petitioners submit that the

                       informant is a tenant, rent was not being given to them when

                       they persuaded the informant to pay rent, the FIR.

                                    5. Learned APP representing in both the cases on the

                       other hand has taken this Court to learned Sessions Judge order

                       to show that the injuries inflicted by these two petitioners have

                       been found to be grievous in nature.

                                    6. Considering the allegation that has come coupled

                       with the observation of the learned Sessions Judge where the

                       injuries have been found to be grievous in nature, no relief can

                       be extended.

                                    7. The anticipatory bail application of the two

                       petitioners stand rejected.



                                                      (Rajiv Roy, J)
Ravi/-

U        T


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