Patna High Court
Shikari Rai @ Mithu Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was denied as the court found the allegations sufficient to warrant arrest.
Summary
The petitioner, Shikari Rai, sought anticipatory bail fearing arrest in a criminal case (PS Garkha Case No. 929 of 2025) involving multiple offences under the B.N.S., including sections relating to outrage of modesty, assault with a knife, and other criminal acts. The prosecution alleged that during a family marriage celebration, the petitioner and others entered the dance area, attempted to outrage the modesty of women, and when protested, the petitioner struck the informant with a knife, leading to the FIR. The petitioner contended that the incident was a minor scuffle that had been exaggerated. The court examined the allegations and found them sufficient to deny any relief. Consequently, the anticipatory bail application was rejected, with the court directing that if the petitioner surrenders within four weeks, a regular bail application may be filed and considered promptly.
Issues considered
- Whether anticipatory bail can be granted to the petitioner in view of the alleged offences under the B.N.S.
Legislation cited
- B.N.S. — s. 109(1), 115(2), 117(2), 118(2), 126(2), 303(2), 3(5), 74, 75(2), 75(3), 79
Subjects
- anticipatory bail
- criminal procedure
- outrage of modesty
- assault with knife
- bail application
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21591 of 2026
Arising Out of PS. Case No.-929 Year-2025 Thana- GARKHA District- Saran
======================================================
Shikari Rai @ Mithu Kumar Rai Son of Ravindra Ray Resident of Village -
Himmatpur, P.S.- Garkha, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the State : Mrs. Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 16-04-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Garkha P.S. Case No. 929 of 2025 registered
for the offence punishable under Sections 126(2), 115(2),
117(2), 118(2), 303(2), 109(1), 74, 75(2), 75(3), 79 and 3(5) of
the B.N.S., lodged on 05.12.2025 by the informant Aniket
Kumar.
3. As per the prosecution story, the informant alleged
that as there was a marriage in the family and the ladies of the
family were enjoying the dance, allegation is that petitioner
alongwith other accused entered the arena and tried to outrage
the modesty. Upon protest, the allegation is that this petitioner
gave knife blow to the informant. This led to the F.I.R..
4. Though learned counsel for the petitioner submits
Patna High Court CR. MISC. No.21591 of 2026(2) dt.16-04-2026
2/2
that a minor scuffle that took place has been exaggerated,
learned APP submits that two fold allegations are there, firstly
he tried to outrage the modesty and then gave knife blow upon
protest.
5. Considering the aforesaid facts, no relief can
extended to the petitioner. The anticipatory bail application
stands rejected.
6. However, if the petitioner surrenders within a
period of four weeks and 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
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