Patna High Court
Ram Wakil RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
Ram Wakil Rai was arrested in connection with Shahpur P.S. Case No. 195 of 2025 for alleged offences under Sections 191(2), 191(3), 126(2), 115(2), 109, 103(1), 352 and 351(2) of the Bihar Narcotic Substances Act, 2023. The prosecution alleged that Rai, armed with others, ordered an assault on the father of an informant, resulting in the victim's death. Rai contended that he merely gave orders, did not partake in the assault, has no prior criminal record, and has been in judicial custody since 11 July 2025. The State opposed his bail. After hearing both sides, the Patna High Court held that bail should be granted, directing Rai to furnish a bail bond of Rs.10,000 with two sureties to the satisfaction of the SDJM, Danapur. The order effectively releases Rai on bail pending trial.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged.
- Whether merely giving an order to commit assault constitutes a cognizable offence warranting denial of bail.
- Whether the petitioner’s lack of prior criminal antecedents and custodial duration justify bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 109, 115(2), 126(2), 191(2), 191(3), 351(2), 352
Subjects
- bail
- criminal procedure
- order-giving
- assault
- homicide
- Bihar Narcotic Substances Act
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8473 of 2026
Arising Out of PS. Case No.-195 Year-2025 Thana- SAHPUR District- Patna
======================================================
Ram Wakil Rai Son of Late Bikhan Rai Resident of village -Makasudpur
Shahpur, Ps- Shahpur, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-02-2026 Heard Mr. Ashok Kumar, learned counsel for the
petitioner and Mr. Parmanand Prasad, learned APP for the
State.
2. The petitioner has prayed for bail in connection
with Shahpur P.S. Case No. 195 of 2025 registered for the
offence punishable under Sections 191(2), 191(3), 126(2),
115(2), 109, 103(1), 352, 351(2) of the B.N.S., 2023.
3. The case of the prosecution in short is that the
petitioner, along with others being armed with weapons, arrived
and the petitioner ordered to assault, and on his order, other
accused persons assaulted the father of the informant, who
succumbed to the injuries.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.8473 of 2026(2) dt.17-02-2026
2/2
committed no offence. He has been falsely implicated in this
case. He also submits that from perusal of the FIR, it is clear
that the only role attributed to this petitioner is that of order
giving. The petitioner has not made any assault. He further
submits that a statement has been made in para 3 of the petition
that petitioner has no criminal antecedent and he is languishing
in judicial custody since 11.07.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
S.D.J.M., Danapur in connection with Shahpur P.S. Case No.
195 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
Checking your session…