Created by Fuzzy Cloud

Patna High Court

Ashok RayversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied pre‑arrest bail to the petitioners.

Summary

The petitioners, Ashok Ray and Brijnath Ray, were charged in Desari P.S. Case No. 234/2025 for kidnapping and the murder of the informant's son, offenses alleged under Sections 103, 61(2) and 3(5) of the BNS. They applied for pre‑arrest bail, contending that they were entitled to liberty pending trial. The State opposed the bail, highlighting the seriousness of the crimes and noting that a process under Section 84 of the BNSS had already been issued against the petitioners. The Court examined whether the gravity of the allegations and the pending process justified denial of bail. Considering the nature of the accusations and the existing procedural steps, the Court was not inclined to grant bail. Consequently, the bail application was dismissed.

Issues considered

  • Whether pre‑arrest bail should be granted to the accused in a kidnapping and murder case under Sections 103, 61(2) and 3(5) of the BNS.
  • Whether the existence of a process under Section 84 of the BNSS bars the grant of pre‑arrest bail.

Legislation cited

  • BNS — s. 103, 3(5), 61(2)
  • BNSS — s. 84

Subjects

  • pre‑arrest bail
  • kidnapping
  • murder
  • criminal procedure
  • bail denial
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.762 of 2026
                        Arising Out of PS. Case No.-234 Year-2025 Thana- DESARI District- Vaishali
                 ======================================================
           1.     Ashok Ray Son of Shobhit Ray R/o Vill. - Ward no.7, Chak Jamal, P.S. -
                  Sahdei Buzurg, Dist. - Vaishali at Hajipur.
           2.    Brijnath Ray @ Bijnath Ray @ Bijnath Kumar Son of Ganaur Ray R/o Vill.
                 - Ward no.7, Chak Jamal, P.S. - Sahdei Buzurg, Dist. - Vaishali at Hajipur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Rahul Kumar, Advocate
                 For the Opposite Party/s :        Mr.Jitendra Kumar Singh, APP
                 For the informant        :        Mr. Sujeet Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   06-04-2026                    Heard Mr. Rahul Kumar, learned counsel appearing

                   on behalf of the petitioners; Mr. Jitendra Kumar Singh, learned

                   APP for the State and Mr. Sujeet Kumar, learned counsel for the

                   informant.

                                 2. The petitioners seek pre-arrest bail in connection

                   with Desari P.S. Case No. 234/2025 registered for the offence(s)

                   punishable under Sections 103,61(2) and 3(5) of the BNS.

                                 3. Considering the nature of allegation made against

                   the petitioners of kidnapping and subsequently committing

                   murder of the son of the informant and also the fact that process

                   under section 84 of BNSS has already been issued against the

                   petitioners, as informed by learned counsel appearing on behalf
           Patna High Court CR. MISC. No.762 of 2026(3) dt.06-04-2026
                                                       2/2




                     of the State, I am not inclined to grant pre-arrest bail to the

                     petitioners. Accordingly, the present bail application stands

                     dismissed.



                                                (Purnendu Singh, J)
Sanjay/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.