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Patna High Court

Narayan Ray @ Ram Narayan RayversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to both petitioners.

Summary

Narayan Ray and Anil Ray were arrested in connection with a case (PS No. 569/2025) involving alleged firing that injured Raju Rai. The prosecution alleged that Ram Iqbal Rai fired at the victim and that petitioner No.1 also fired, while no specific allegation was made against petitioner No.2. The petitioners contended they were innocent, pointing out that the FIR did not clearly identify whom petitioner No.1 had fired at, CCTV footage showed no weapon on him, and the post‑mortem report recorded only two stitched wounds. They had been in judicial custody since 16‑Oct‑2025 and sought regular bail. After hearing both sides, the High Court found the evidence insufficient to justify continued detention and ordered the release of both petitioners on bail with a bond of Rs 10,000 and two sureties each.

Issues considered

  • Whether the evidence on record is sufficient to deny regular bail to the petitioners under the listed offences.
  • Whether petitioner No.1 can be linked to the alleged firing based on the FIR, diary, CCTV and post‑mortem evidence.
  • Whether petitioner No.2, against whom no specific allegation of firing exists, is entitled to bail.

Legislation cited

  • Arms Act — s. 27
  • B.N.S. — s. 103(1), 109, 115(2), 126(2), 190, 191(2), 191(3), 351(2), 351(3), 352

Subjects

  • regular bail
  • criminal procedure
  • firearms offence
  • evidence assessment
  • FIR
  • post‑mortem report
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8218 of 2026
                   Arising Out of PS. Case No.-569 Year-2025 Thana- BHAGWAN BAZAR District- Saran
                 ======================================================
           1.     Narayan Ray @ Ram Narayan Ray S/o- Late Bhagwan Ray Resident of
                  Village- Brahampur Nayka Basti P.S- Bhagwan Bazar District- Saran At
                  Chapra
           2.    Anil Ray @ Pritam Kumar S/o- Rajendra Ray Resident of Village-
                 Brahampur Nayka Basti P.S- Bhagwan Bazar District- Saran At Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rakesh Kumar, Advocate
                 For the Opposite Party/s :      Mr. Raj Kishor Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   01-04-2026                  Heard learned counsel for the petitioners, learned

                   counsel for the informant and learned APP for the State.

                                2. The petitioners have prayed for regular bail in a

                   case registered for the offence punishable under sections 191(2),

                   191(3), 190, 109, 115(2), 126(2), 352, 351(2) and 351(3) of

                   BNS and Section 27 of the Arms Act. Later on, Section 103(1)

                   of BNS was added.

                                3. The case of the prosecution is that one Ram Iqbal

                   Rai has fired at the brother of the informant, namely, Raju Rai

                   due to which, he received gun shot injuries in his back and

                   stomach. It is further alleged that petitioner no. 1 has also fired.

                   As far as, petitioner no. 2 is concerned, there is no any
Patna High Court CR. MISC. No.8218 of 2026(3) dt.01-04-2026
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          allegation of any overt act against him.

                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence.

          Learned counsel for the petitioners has submitted that there is

          direct allegation against one Ram Iqbal Rai of firing and as far

          as allegation of firing against petitioner no. 1 is concerned, it is

          not clear from the FIR as to whom he has fired and from perusal

          of the diary also, it is not clear whether anybody has hit gun shot

          injuries which is alleged to be fired by the petitioner no.1.

          Learned counsel has further submitted that from perusal para-61

          of the diary, it will transpire that in CCTV footage, the petitioner

          was not found with any weapon. He has further submitted that

          from perusal of the postmortem report also, it will transpire that

          the doctor conducting the autopsy of the deceased has found

          only two stitched wounds. Moreover, the petitioners are

          languishing in judicial custody since 16.10.2025.

                       5. Learned APP appearing for the State and learned

          counsel for the informant have opposed the prayer of regular

          bail. Learned counsel for the informant has stated that there is

          allegation of firing against the petitioner no. 1 also.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is
            Patna High Court CR. MISC. No.8218 of 2026(3) dt.01-04-2026
                                                        3/3




                      inclined to enlarge the petitioners on bail. The above named

                      petitioners are directed to be released on bail in connection with

                      Bhagwan Bazar P.S. Case No. 569 of 2025 on furnishing bail

                      bond of Rs.10,000/- (ten thousand) each with two sureties of the

                      like amount each to the satisfaction of learned Additional Chief

                      Judicial Magistrate-II, Saran at Chapra.



                                             (Ashok Kumar Pandey, J)
shubham/-

U     T


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