Patna High Court
Mahesh Ray @ Mahesh RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Summary
Mahesh Ray applied for anticipatory bail fearing arrest in a case (Rivilganj PS No.418/2025) involving alleged offences under Sections 126(2), 115(2), 109(1), 352 and 3(5) of the Bihar Non‑Compulsory Special (BNSS) and Section 27 of the Arms Act. The prosecution alleges that Ray, armed, fired indiscriminately at an informant, causing gunshot injuries to the informant's fingers, while the petitioner claims innocence, citing a counter‑version of events and an injury report showing most injuries were caused by a hard blunt object. The State highlighted Ray’s four prior criminal antecedents. The court, after hearing both sides, decided to grant anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious nature of the alleged offences and his prior criminal antecedents.
- Whether the injury report and counter‑version of events create reasonable doubt justifying bail.
Legislation cited
- Arms Act — s. 27
- Bihar Non‑Compulsory Special (BNSS) — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- criminal antecedent
- Arms Act
- BNSS
- injury report
- bail conditions
- Section 438 Cr.P.C.
- Section 482 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24862 of 2026
Arising Out of PS. Case No.-418 Year-2025 Thana- RIVILGANJ District- Saran
======================================================
Mahesh Ray @ Mahesh Rai S/o Jawahar Ray @ Jawahir Ray R/o Village -
Ajaybganj, P.S - Bhagwan Bazar, District - Saran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raushan Raj, Advocate
For the Opposite Party/s : Mr.Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 15-05-2026 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 Rivilganj P.S. Case no. 418 of 2025 instituted
for the offence under Sections 126 (2), 115 (2), 109 (1), 352
and 3 (5) of the BNS and Section 27 of the Arms Act.
3. The case of the prosecution is that the petitioner
along with others being armed with weapons arrived at the place
of occurrence. It is further alleged that the petitioner fired
indiscriminately at the informant due to which he received a
gunshot injuries on the fingers of both hands.
4. Learned counsel for the petitioner has submitted
that petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.24862 of 2026(2) dt.15-05-2026
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connection with the present case. It is further submitted that
there is also counter version of this case and in that case,
petitioner has also received injury and from perusal of the injury
report, it is clear that all the injuries are mainly on the finger.
One injury is located at the center of the palm which is not
specifically attributed to this petitioner. The remaining injuries
are predominantly on the fingers. The doctor has opined that
except for injury no. 5 all other injuries caused by hard and
blunt substance. It is further submitted that similarly situated co-
accused persons have since been already granted anticipatory
bail vide orders dated 15.04.2026 & 24.04.2026 passed in Cr.
Misc. Nos. 21159 of 2026 and 22022 of 2026.
5. Learned APP appearing for the State opposed the
prayer of bail of the petitioner stating that the petitioner has four
criminal antecedent.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or surrender
in connection with Rivilganj P.S. Case no. 418 of 2025, he will
be enlarged on bail on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.24862 of 2026(2) dt.15-05-2026
3/3
(Rupees ten thousand) with two sureties of the like amount each
to the satisfaction of learned Judicial Magistrate, 1st Class, Saran
at Chapra, subject to the conditions as laid down under section
438(2) of the Cr.P.C/ Section 482 (2) of the BNSS.
(Ashok Kumar Pandey, J)
Jagdish/-
U
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