Patna High Court
Bablu RayversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted to the petitioner.
Summary
The petitioner, Bablu Ray, sought anticipatory bail fearing arrest in a case (Sonepur P.S. Case No.160 of 2026) alleging offences under Sections 126(2), 115(2), 118(1), 109, 351(2), 3(5) of the B.N.S. and Section 27 of the Arms Act, purportedly for indiscriminate firing. The petitioner claimed innocence, arguing that the allegations were general, no victim injury existed, and that he was falsely implicated despite having five prior criminal antecedents. The informant opposed the bail, asserting the petitioner’s participation in the firing. The Court examined the material and concluded that the circumstances did not warrant anticipatory bail. Consequently, the application for anticipatory bail was dismissed and the petitioner was ordered to surrender within two weeks and apply for regular bail, failing which the police would arrest him.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the alleged offences and the facts presented.
Legislation cited
Subjects
- anticipatory bail
- bail
- criminal procedure
- Arms Act
- B.N.S.
- indiscriminate firing
- Saran
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37145 of 2026
Arising Out of PS. Case No.-160 Year-2026 Thana- SONEPUR District- Saran
======================================================
Bablu Ray S/o Late Koshan Ray @ Late Kosan Ray Resident of Village -
Jaitiya Parvejabad, P.S. - Sonepur, Dist. - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Shambhawi, Advocate
For the Opposite Party/s : Mr.Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Sonepur P.S. Case No. 160 of 2026 registered
for the offence under Sections 126(2), 115(2), 118(1), 109,
351(2) and 3(5) of the B.N.S. and Section 27 of the Arms Act.
3. As per the prosecution case, petitioner and
others are alleged to have fired indiscriminately.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. It is next submitted that there is
general and omnibus allegation against the petitioner and there
is no injury on the victim. Petitioner has five criminal
antecedents.
Patna High Court CR. MISC. No.37145 of 2026(2) dt.15-06-2026
2/2
5. Learned counsel for the informant has
vehemently opposed the prayer for anticipatory bail of the
petitioner and has submitted that petitioner has participated in
the indiscriminate firing upon the prosecution.
6. Considering the aforesaid facts, this is not a fit
case for grant of anticipatory bail.
7. Accordingly, the application stands dismissed.
8. The petitioner is directed to surrender within two
weeks from today and pray for regular bail, failing which the
Superintendent of Police, Saran will take all steps for arrest of
the petitioner.
9. Let a copy of this order be communicated to the
Superintendent of Police, Saran through FAX or e-mail for its
compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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