Patna High Court
Ashok RayversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PURNENDU SINGH
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
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
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