Patna High Court
Bharat Rai @ Bharat RayversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- MOHIT KUMAR SHAH
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
- Indian Penal Code — s. 120B, 302, 34
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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