Patna High Court

Bhola RayversusThe State of Bihar

Decided: 19 February 2026
Disposal: BAIL REJECTED
Bench: SATYAVRAT VERMA

Holding

Anticipatory bail was denied to the petitioner.

Summary

The petitioner, Bhola Ray, sought anticipatory bail fearing arrest in connection with FIR No. 28 of 2025 alleging offences under Sections 126(2), 115(2), 118(1), 109, 352, 351(2) and 351(3) of the BNS, 2023. He contended that he has a clean record and was falsely implicated, asserting that the knife‑injury to the informant's husband was caused by his co‑accused Sanjay, not him. The State argued that the knife is a dangerous weapon, the injury was to a vital part of the body, and the petitioner’s presence encouraged the stabbing, thereby justifying denial of bail. After hearing both sides, the Court held that the seriousness of the allegations and the petitioner’s alleged participation warranted refusal of anticipatory bail. Consequently, the anticipatory bail application was rejected.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Sections 126(2), 115(2), 118(1), 109, 352, 351(2) and 351(3) of the BNS, 2023.
Whether the petitioner’s alleged presence and participation justify denial of bail.

Legislation cited

BNS, 2023 — s. 109, 115(2), 118(1), 126(2), 351(2), 351(3), 352

Subjects

anticipatory bail
false implication
assault
knife injury
criminal procedure
BNS 2023
sections of IPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76016 of 2025

                   Arising Out of PS. Case No.-28 Year-2025 Thana- SARAI RANJAN District- Samastipur
                 ======================================================
                 Bhola Ray S/o Yogendra Ray Resident of Village - Rasalpur Ward No. 6,
                 Police Station- Sarairanjan, District- Samastipur


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


                                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :       Mr. Tapeshwar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                                  ORAL ORDER


3   19-02-2026                   1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Sarairanjan P.S. Case No. 28 of 2025 registered for the

                   offences punishable under Sections 126(2), 115(2), 118(1), 109,

                   352, 351(2) and 351(3) of the BNS, 2023.

                                 3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that petitioner along with Sanjay came to her shop and
Patna High Court CR. MISC. No.76016 of 2025(3) dt.19-02-2026
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          Bhola (petitioner) asked her husband to dye his moustache, on

          which her husband requested him to wait, as he was busy with

          hair cut of a child thereafter Bhola assaulted him by fist and

          caught him while Sanjay assaulted by knife causing injury on

          neck, thereafter both accused on point of pistol threatened not to

          institute a case.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that

          allegation of assaulting the husband of the informant by knife on

          neck is against Sanjay. It is also submitted that the injury

          suffered by the injured has been opined to simple in nature

          caused by a sharp edged weapon.

                       5. Learned       A.P.P.    for     the   State   opposes   the

          anticipatory bail application of the petitioner and submits that

          knife is a dangerous weapon and husband of the informant was

          assaulted on neck which is vital part of the body and presence of

          the petitioner at the place of occurrence emboldened Sanjay to

          commit the occurrence of stabbing. It is also submitted that

          since the husband of the informant had requested the petitioner

          to wait, as he was busy with hair cut of a child which angered
            Patna High Court CR. MISC. No.76016 of 2025(3) dt.19-02-2026
                                                        3/3




                      him, on account of which the occurrence is alleged to have

                      taken place.

                                   6. Considering the submissions made by the learned

                      APP for the State, the Court is not inclined to extend the

                      privilege of anticipatory bail to the petitioner.

                                   7. Accordingly,         the    instant   anticipatory   bail

                      application stands rejected.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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