Patna High Court
Indradev Ray @ Indradeo RaiversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court denied anticipatory bail to the petitioner.
Summary
The petitioner, Indradev Ray, filed an anticipatory bail application fearing arrest in a case (Bachhwara P.S. Case No. 357 of 2025) alleging offences under Sections 109, 191(2), 191(3), 3(5), 329(4) of the B.N.S., 2023 and Section 27 of the Arms Act. The prosecution alleges that the petitioner, along with others, fired at two individuals, Rupesh and Chandan. The petitioner contended he did not fire at anyone and highlighted contradictory statements by the alleged victims. The State opposed bail, citing the petitioner’s seven prior criminal convictions. After hearing both sides, the Court declined to grant anticipatory bail, directing the petitioner to surrender before the trial court for consideration of a regular bail application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the alleged offences under the B.N.S., 2023 and the Arms Act.
- Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail.
- Whether the contradictory statements of the alleged victims affect the merit of the bail application.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 109, 191(2), 191(3), 329(4), 3(5)
Subjects
- anticipatory bail
- criminal antecedent
- Arms Act
- B.N.S. 2023
- Section 109
- Section 191
- Section 329
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22520 of 2026
Arising Out of PS. Case No.-357 Year-2025 Thana- BACHHWARA District- Begusarai
======================================================
Indradev Ray @ Indradeo Rai S/o Late Kameshwar Rai @ Late Kamleshwar
Rai @ Kameshwar Rai R/o Village - Samsipur Ward no. 7, Bishanpur,
Lodiyahi, Bichli Diara, P.S -Bachhwara, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate.
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The instant application for anticipatory bail has been
filed by the petitioner apprehending his arrest in connection with
Bachhwara P.S. Case No. 357 of 2025 instituted for the offence
punishable under Sections 109, 191(2), 191(3), 3(5), 329(4) of the
B.N.S., 2023 and Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that the
petitioner along with others has fired at Rupesh and Chandan.
4. It is submitted by learned counsel for the petitioner
that the petitioner is innocent and has committed no offence. He
also submits that during the course of investigation, Chandan
and Rupesh both have given their statement before the police.
Chandan has stated that Rupesh has fired at the informant
Patna High Court CR. MISC. No.22520 of 2026(2) dt.08-05-2026
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whereas Rupesh has stated that Bhulla has fired at him.
5. Learned APP has opposed the prayer for bail of the
petitioner and submitted that petitioner is having seven criminal
antecedent.
6. Having heard learned counsel for the parties and
considering the criminal antecedent of the petitioner, this Court
is not inclined to grant anticipatory bail to the petitioner and, as
such, his application for bail is rejected.
7. However, the petitioner is directed to surrender
before the learned trial court within four weeks and prays for
regular bail, and trial court shall consider the merit of the case
that petitioner has not fired at anyone and shall dispose of his
bail petition on the same day without being prejudiced by this
order of rejection.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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