Patna High Court
Rahul Kumar Ray @ Rahul RayversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court denied anticipatory bail to the petitioner.
Summary
The petitioner, Rahul Kumar Ray, filed an anticipatory bail application fearing arrest in a case registered under Sections 126(2), 115(2), 109(2) and 3(5) of the B.N.S. and Section 27 of the Arms Act. The prosecution’s informant alleged that on 26 July 2025 an unidentified person assaulted him with the butt of a pistol and fired in the air. The petitioner argued he was not named in the FIR and is innocent, claiming his name only surfaced during investigation. The State opposed bail, asserting that the petitioner was involved in the assault and has fifteen prior criminal records, some similar in nature. Considering the investigation material, the seriousness of the alleged offences and the petitioner’s antecedents, the Court rejected the anticipatory bail plea.
Issues considered
- Whether anticipatory bail can be granted when the petitioner’s name was not in the FIR but later implicated during investigation
- Whether the petitioner’s extensive criminal antecedents justify denial of anticipatory bail
- Whether the allegations under the B.N.S. and Arms Act satisfy the criteria for granting anticipatory bail
Legislation cited
Subjects
- anticipatory bail
- criminal antecedents
- Arms Act
- FIR
- bail jurisprudence
- B.N.S. sections
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6118 of 2026
Arising Out of PS. Case No.-84 Year-2025 Thana- GADHPURA District- Begusarai
======================================================
Rahul Kumar Ray @ Rahul Ray S/o Rambadan Rai @ Bholi Rai @ Tokho
Rai @ Ram Badan Roy R/o Village - Bahattar, Bargaon (Shashan), Ward No.
02, Ajalatpur, P.S - Hasanpur, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Abhishek Kumar, Advocate
For the State : Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 109(2) and 3(5) of the B.N.S. and Section 27 of the
Arms Act.
3. As per prosecution case, informant, namely Ram
Shogarat Yadav, alleged that on 26.07.2025 at about 6:30 PM,
when he was returning from Garhpura Bazar and reached near
Singhania Dharmsala, in the meantime, one unidentified person
came on a Scorpio vehicle bearing Registration No.
BR01FZ8178 and assaulted on the head of informant by means
of butt of pistol, fired in the air and thereafter, fled away.
Patna High Court CR. MISC. No.6118 of 2026(2) dt.11-02-2026
2/2
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner is not named in the F.I.R..
Name of petitioner transpired in this case during investigation.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that name of petitioner transpired in
this case during course of investigation and it has come that this
petitioner, along with other accused persons, assaulted
informant with butt of pistol. Petitioner has got fifteen criminal
antecedents some of which are of similar nature.
6. Considering the facts and circumstances of the
case, materials that have surfaced during course of investigation
and criminal antecedents of the petitioner, the prayer for grant of
anticipatory bail to the petitioner is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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