Patna High Court
Arjun Ray @ Arjun RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court denied anticipatory bail to the petitioner, holding that the allegations against him were serious and specific enough to warrant denial.
Summary
Arjun Ray, a resident of Saidpur in Saran district, sought anticipatory bail after being named in an FIR alleging his participation in the abduction and murder of an informant's husband on 14 March 2025. The FIR charges him under Sections 191(2), 191(3), 190, 115(2), 103(1), 352, 351(3) and 351(2) of the Bihar Negotiable Substances Act, 2023. The petitioner argued that his inclusion was solely due to his familial relationship with co‑accused Mahendra Rai and that he should be treated similarly to another co‑accused, Lalu Rai, who had been granted anticipatory bail. The informant opposed the bail, contending that the petitioner was specifically implicated in the murder and that his name emerged during investigation, not at the FIR stage. The Court, after considering the allegations and the seriousness of the offences, rejected the petitioner's request for anticipatory bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite being specifically accused of murder and other offences under the B.N.S., 2023.
- Whether the grant of anticipatory bail to a co‑accused (Lalu Rai) is determinative for the petitioner's bail application.
Subjects
- anticipatory bail
- FIR
- murder
- criminal procedure
- Bihar Negotiable Substances Act
- sections 191, 190, 115, 103, 352, 351
- co‑accused
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87395 of 2025
Arising Out of PS. Case No.-78 Year-2025 Thana- AWTARNAGAR District- Saran
======================================================
Arjun Ray @ Arjun Rai Son of Jaibu Ray R/o Village - Saidpur, P.S. - Awtar
Nagar, Dist. - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raushan Raj
For the Opposite Party/s : Mrs.Rina Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner, learned
A.P.P for the State and learned counsel for the informant.
2. The petitioner apprehends his arrest in a case,
registered for offence punishable under Sections 191(2), 191(3),
190, 115(2), 103(1), 352, 351(3), 351(2) of the B.N.S., 2023.
3. As per F.I.R., on 14.03.2025 at 5 PM, on account of
previous dispute, all the named accused including petitioner
came and took away husband of informant near Jhowa Dhala
NH-19 and brutally assaulted him with Lathi, Danda and
Labdha and thereby committed his murder.
4. Learned counsel for the petitioner submits that
petitioner has been made accused in this case merely because he
happens to be relative of co-accused Mahendra Rai, with whom,
informant had land dispute. He further submits that co-accused
Patna High Court CR. MISC. No.87395 of 2025(2) dt.10-02-2026
2/2
Lalu Rai has been granted anticipatory bail by this Court, vide
order dated 19.11.2025 passed in Cr.Misc. No. 79806 of 2025.
5. Learned counsel for the informant vehemently
opposes the prayer for anticipatory bail of petitioner and
submits that petitioner is named in the F.I.R. with specific
accusation that he along with others took away husband of
informant and committed his murder. He next submits that
petitioner cannot claim parity with co-accused Lalu Rai, as he
was not named in the F.I.R. and his name transpired during
investigation.
6. Considering the aforesaid facts and circumstances,
the prayer for anticipatory bail of petitioner is rejected.
(Prabhat Kumar Singh, J)
anay
U T
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