Patna High Court

Ashok RayversusThe State of Bihar

Decided: 19 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was refused.

Summary

Ashok Ray petitioned for anticipatory bail after learning that he was likely to be arrested in case No.295 of 2025, which alleged offences under the Bharatiya Nyaya Sanhita and the Arms Act, including firing on a police party. The petitioner, who has eight prior criminal records, claimed innocence, stating that no arms or ammunition were found in his possession and that he was implicated merely on suspicion. The State opposed the bail, emphasizing the seriousness of the charges and the petitioner’s antecedents. The court examined the nature of the accusations, the statutory provisions invoked, and the petitioner’s criminal history. Concluding that the allegations were grave and the petitioner’s antecedents warranted caution, the court refused the anticipatory bail application.

Issues considered

Whether anticipatory bail should be granted to the petitioner given the nature of the offences alleged under the Bharatiya Nyaya Sanhita and the Arms Act and his criminal antecedents

Legislation cited

Arms Act — s. 25(1-B)a, 26, 27, 35
Bharatiya Nyaya Sanhita — s. 109, 132, 310(4), 310(5), 3(5)

Subjects

anticipatory bail
criminal antecedents
Arms Act
Bharatiya Nyaya Sanhita
police firing
suspicion
bail refusal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4215 of 2026
                         Arising Out of PS. Case No.-295 Year-2025 Thana- EKMA District- Saran
                 ======================================================
                 Ashok Ray S/o Ramji Ray R/o Village - Tilkar, P.S - Ekma, District - Saran at
                 Chapra

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Chandra Mohan Jha, Advocate
                 For the Opposite Party/s :       Mr. Damodar Prasad Tiwary, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   19-02-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in Ekma P. S. Case No.

                   295 of 2025 registered for the offences punishable under

                   Sections 310(4), 310(5), 132, 109, 3(5) of the Bharatiya Nyaya

                   Sanhita and Sections 25(1-B)a, 26, 27, 35 of Arms Act.

                                3. It is alleged that this petitioner along with other

                   F.I.R. named accused persons fired upon the police party.

                   Petitioner has got eight criminal antecedents.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. No arms

                   and ammunition have been recovered from possession of the

                   petitioner and he has been made accused only on suspicion.

                                5. Considering the nature of accusation and criminal

                   antecedents, prayer for anticipatory bail of the petitioner is
              Patna High Court CR. MISC. No.4215 of 2026(2) dt.19-02-2026
                                                          2/2




                        refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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