Patna High Court
Arbind Rai @ Bilai Rai @ Bilai RamversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail, dismissing the petitioner's application.
Summary
Arbind Rai was charged under Sections 109 and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act for allegedly shooting a victim in the chest. He applied for bail for the second time after an earlier bail denial on 11 September 2025. The court noted that only two witnesses had been examined, the trial was delayed, and the petitioner was alleged to be responsible for the delay by not cross‑examining witnesses. Considering the seriousness of the alleged offence and the petitioner’s role in the trial delay, the court was not inclined to revisit its earlier order. Consequently, the bail application was dismissed.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged shooting under the B.N.S. Act and the Arms Act.
- Whether the alleged delay in trial caused by the accused affects the grant of bail.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 109, 3(5)
Subjects
- bail
- criminal procedure
- Arms Act
- Bihar Narcotic Substances Act
- trial delay
- serious offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33262 of 2026
Arising Out of PS. Case No.-15 Year-2025 Thana- CHARPOKHARI District- Bhojpur
======================================================
Arbind Rai @ Bilai Rai @ Bilai Ram S/o Late Chandrama Ray Resident of
Village- Koyal Police Station- Charpokhari District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Adv.
Mr. Akash Kumar Mishra, Adv.
For the State : Mr. Nirmala Kumari, APP
For the Informant : Mr. Amish Kumar 1, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 19-06-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned A.P.P. for the State.
2. This is the 2nd attempt of the petitioner seeking bail
in connection with S.Tr. No. 281 of 2025 arising out of
Charpokhari P.S. Case No. 15 of 2025 registered for the offence
under Sections 109 & 3(5) of the B.N.S., 2023 read with Section
27 of the Arms Act.
3. Earlier, the bail application of the petitioner was
rejected on 11.09.2025 in Cr. Misc. No. 38368 of 2025 which
reads as follows:-
“Heard the learned counsel for the
petitioner and learned counsel for the State.
2. The petitioner seeks bail in connection
with Charpokhri P.S. Case No. 15 of 2025
registered for the offence under Sections 109,
3(5) of the BNS, 2023 and under Section 27 of
the Arms Act.
Patna High Court CR. MISC. No.33262 of 2026(2) dt.19-06-2026
2/2
3. As per the prosecution case, the
petitioner has shot at the victim which hit him in
his chest.
4. The petitioner is in jail since
29.01.2025.
5. Learned counsel for the petitioner
submits that the petitioner is innocent and has
falsely been implicated in this case as the victim
and the petitioner are agnates.
6. Considering the direct allegations
levelled against the petitioner of fired at the
victim, this Court is not inclined to grant bail to
the petitioner.
7. Accordingly, this application is
dismissed for the present.”
4. In the trial, only two witnesses have been examined
and there is delay in trial.
5. Learned counsel for the informant submitted that it
is the accused persons, who are delaying the trial and they are
not cross-examining the witnesses for which appropriate cost
has been imposed upon them by the Trial Judge.
6. Considering the gravity of the offence and the fact
that the trial is being delayed by the petitioner, I am not inclined
to review my earlier order.
7. Accordingly, this application is dismissed.
8. As the informant is bringing witnesses, it is the
petitioner and his lawyers, who are duty bound to cooperate in
the trial.
(Sandeep Kumar, J)
sadique/-
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