Patna High Court
Anandi RayversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The Court rejected the anticipatory bail applications, holding that the seriousness of the offences and the finding of grievous injury preclude such relief.
Summary
The petitioners, Rakesh Ray and Anandi Ray, sought anticipatory bail fearing arrest in a case (Desari P.S. Case No. 417 of 2025) involving multiple offences under the Indian Penal Code and the Arms Act. The prosecution alleged that the petitioners, armed, attempted to fire at the informant, assaulted him with iron rods causing grievous injuries, and previously attempted arson. The petitioners argued the informant was a tenant who had not paid rent, implying a motive for the FIR. The State presented the Sessions Judge’s finding that the injuries were indeed grievous. The Court, noting the seriousness of the offences and the finding of grievous injury, declined to grant any relief and rejected the anticipatory bail applications.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the alleged offences
- Whether the nature of the injuries (grievous) precludes the grant of anticipatory bail
Legislation cited
- Arms Act — s. 25(g)
- Indian Penal Code — s. 109(1), 115(2), 118(1), 191(2), 191(3), 351(2), 351(3), 352
Subjects
- anticipatory bail
- grievous injury
- Arms Act
- Indian Penal Code
- criminal procedure
- FIR
- assault
- arson
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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