Patna High Court
Rambabu RayversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ALOK KUMAR SINHA
Holding
Anticipatory bail was denied as the allegations were serious and supported by evidence.
Summary
Rambabu Ray petitioned the Patna High Court for anticipatory bail in a case (PS Case No. 238 of 2025) where he is accused of assaulting an informant with an iron rod, causing grievous injury including subgaleal hematoma. The petitioner claimed innocence and alleged the charges were filed out of vengeance. The State opposed the bail, presenting medical reports and witness statements that corroborated the assault. The court examined the seriousness of the allegations and the supporting evidence. Concluding that the nature of the offence and the evidence warranted custody, the court refused to grant anticipatory bail, thereby rejecting the petition.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the seriousness of the alleged assault and the evidentiary material.
Legislation cited
- BNS — s. 109, 115(2), 118(1), 126(2), 303(2), 351(2), 351(3), 352, 76
Subjects
- anticipatory bail
- assault
- grievous hurt
- criminal procedure
- bail jurisprudence
- medical evidence
- section 126
- section 115
- section 118
- section 109
- section 76
- section 303
- section 352
- section 351
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21094 of 2026
Arising Out of PS. Case No.-238 Year-2025 Thana- AURAI District- Muzaffarpur
======================================================
Rambabu Ray S/O Sitaram Ray R/O Village- Saghari Bam Tola, P.S- Aurar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amrendra Kumar
For the Opposite Party/s : Mr.Rajendra Singh Shastri, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 08-04-2026 Heard the learned counsel for the parties.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 118(1), 109, 76, 303(2), 352, 351(2) and 351(3) of the
BNS in connection with Aurai P.S.Case No. 238 of 2025.
3. The learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been dragged into the
case out of vengeance.
4. Specific allegation against the petitioner Rambabu
Ray is of having assaulted the informant with iron rod on her
head. The impugned order also acknowledges the fact that the
witnesses have supported the said allegation. Further, the injury
report of the informant shows that she sustained pain and
swelling on her forehead and from her NCCT report, it is found
Patna High Court CR. MISC. No.21094 of 2026(2) dt.08-04-2026
2/2
that there is subgaleal hematoma in frontal scalp and right
occidental scalp and her injury has been assessed as grievous.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the seriousness of the allegation
against the petitioner, I am not inclined to grant the privilege of
anticipatory bail to the petitioner and hence it is rejected.
(Alok Kumar Sinha, J)
HR/-
U T
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