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Patna High Court

Bharat Rai @ Bharat RayversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The petition for regular bail was dismissed as there was no change in circumstances to warrant its grant.

Summary

Bharat Rai was charged under Sections 302, 120B and 34 of the Indian Penal Code for allegedly shooting and killing the son of an informant during an altercation. He has been in custody since January 2022 and filed a fourth petition for regular bail, which was previously rejected. The prosecution argued that the petitioner was prima facie responsible for the murder, and the trial court report indicated that only the doctor and investigating officer remained to be examined. The High Court found no change in circumstances that would justify granting bail, noting the seriousness of the offence and the pending trial. Consequently, the court dismissed the bail petition.

Issues considered

  • Whether regular bail can be granted to an accused of murder and conspiracy when there is no change in circumstances and the prosecution has prima facie evidence of guilt.

Legislation cited

Subjects

  • bail
  • murder
  • conspiracy
  • IPC
  • Criminal Procedure Code
  • high court
  • regular bail
  • prima facie evidence

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83401 of 2025
                         Arising Out of PS. Case No.-190 Year-2021 Thana- MAKER District- Saran
                 ======================================================
                 Bharat Rai @ Bharat Ray Son of Hari Ray @ Harihar Ray R/o Village -
                 Pirmaker Dihi, Pirmaker, P.S. - Maker, Distt. - Saran at Chapra.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Raghwendra Pratap Singh, Advocate
                 For the State            :        Mr.Ram Sevak Choudhary, APP
                 For the Informant        :        Udai Shankar Singh, Advocate
                                                   Ms. Kamya Thakur, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

3   16-01-2026              Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                   2.       The present petition is by way of fourth attempt at the

                   behest of the petitioner for grant of regular bail in connection

                   with Maker P.S. Case No. 190 of 2021, registered for the

                   offence punishable under Sections 302, 120B/34 of the Indian

                   Penal Code, inasmuch as the earlier petitions filed by the

                   petitioner for grant of bail have all stood rejected by this Court.

                   3.       The case of the prosecution in brief is that on 08.10.2021

                   at about 10:00 in the morning, one Anshu Kumar @ Doman Ray

                   had called the son of the informant on his mobile phone and had

                   told him to come near the Shiv Temple, whereafter the son of

                   the informant alongwith others had gone to the alleged place of
Patna High Court CR. MISC. No.83401 of 2025(3) dt.16-01-2026
                                            2/3




          occurrence, where the petitioner and his other accomplice were

          present. It is further alleged that an altercation had taken place

          amongst the parties and then the petitioner had taken out a pistol

          from his waist and fired gun shots on the son of the informant

          namely Dibesh Kumar, resulting in his death.

          4.      The learned counsel for the petitioner submits that the

          petitioner is languishing in custody since 10.01.2022, hence a

          sympathetic view be taken and the petitioner be granted bail.

          5.      Per contra, the learned APP for the State as also the

          learned counsel appearing for the informant have vehemently

          opposed the prayer for bail and have submitted that in the earlier

          order of this Court dated 04.01.2023, the entire aspect of the

          matter has been considered in great detail, wherein it has been

          prima facie observed that the materials available on record show

          that the son of the informant has been killed by the petitioner,

          who had fired gun shots on him, hence no sympathy should be

          shown to the petitioner.

          6.      This Court had called for a report from the learned Trial

          Court vide order dated 28.11.2025 with regard to the present

          stage of the trial, pursuant whereof the learned Court of

          Additional District and Sessions Judge-XVII, Saran at Chapra

          had sent a report dated 04.12.2025, wherein it has been stated
             Patna High Court CR. MISC. No.83401 of 2025(3) dt.16-01-2026
                                                         3/3




                       that only the Doctor and the Investigating Officer are remaining

                       to be examined as prosecution’s witnesses and summons have

                       already been issued to them.

                       7.      In such view of the matter, finding that there is no change

                       in circumstance so as to warrant re-consideration of the prayer

                       of the petitioner for grant of regular bail, especially in view of

                       the fact that the petitioner is prima facie involved in killing the

                       son of the informant, I do not find any merit in the present

                       petition, hence the same stands dismissed.


                                               (Mohit Kumar Shah, J)
S.Sb/-

U        T


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