Patna High Court

Kalaktar Rai @ Kalaktar Kumar @ Kaltar Rai @ Kaltar YadavversusThe State of Bihar

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

Holding

Pre‑arrest bail was denied because the nature of the offences, the grievous injury, and the petitioner’s antecedents justified refusal of bail.

Summary

The petitioner sought pre‑arrest bail after an FIR alleged that he assaulted the maternal brother of an informant and the informant's brother with an iron rod, causing grievous injury. The FIR charges the petitioner under sections 126(2), 115(2), 118(1), 110, 303(2), 352, 351(2)(3) and 3(5) of the Bihar Penal Code. The petitioner has two prior criminal antecedents. The court examined the seriousness of the alleged offences, the nature of the injury, and the petitioner’s criminal record. Considering these factors, the court concluded that the gravity of the case outweighed the petitioner’s right to bail. Consequently, the petition for pre‑arrest bail was rejected.

Issues considered

Whether the petitioner is entitled to pre‑arrest bail in view of the alleged offences, the grievous injury caused, and his prior criminal antecedents

Subjects

pre‑arrest bail
assault
grievous injury
criminal antecedents
Bihar Penal Code
bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7799 of 2026
                       Arising Out of PS. Case No.-185 Year-2025 Thana- KOILWAR District- Bhojpur
                 ======================================================
                 Kalaktar Rai @ Kalaktar Kumar @ Kaltar Rai @ Kaltar Yadav S/O Daharu

                 Rai @ Kamendra Yadav @ Kamendra Ray R/O Village- Kajichak, P.S.-

                 Koilwar, Dist.- Bhojpur



                                                                                   ... ... Petitioner/s

                                                        Versus

                 The State of Bihar



                                                                             ... ... Opposite Party/s

                 ======================================================
                 Appearance :

                 For the Petitioner/s       :      Mr. Diwakar , Advocate

                 For the Opposite Party/s :        Mr. Chandra Bhushan Prasad , APP

                 ======================================================
                 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 a case registered

                   for the offence punishable under sections 126 (2), 115 (2), 118

                   (1) , 110 , 303 (2), 352, 351 (2) (3) and 3 (5) of BNS.

                                        3 . As per F.I.R. this petitioner assaulted maternal

                   brother of informant ( Sonu Kumar ) and his brother ( Mukesh

                   Kumar ) by means of iron rod, as a result of which, they
            Patna High Court CR. MISC. No.7799 of 2026(2) dt.19-02-2026
                                                        2/2




                      sustained injury . Doctor has found the injury of Sonu Kumar

                      grievous in nature . Petitioner has got 2 criminal antecedents.

                                        4. Considering the nature of accusation, injury,

                      criminal antecedents of this petitioner and gravity of offence,

                      prayer for pre-arrest bail of the petitioner is rejected.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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