Patna High Court
Ram Adhar Rai @ Ramadhar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was denied as the court was not inclined to extend the privilege in view of the serious nature of the offences and the petitioner’s criminal antecedents.
Summary
The petitioner, Ram Adhar Rai, sought anticipatory bail fearing arrest in a case registered under Sections 109 and 3(5) of the B.N.S., 2023 and Sections 25(1‑b)a, 26, 35 and 27 of the Arms Act. The FIR alleged that he, together with two others, entered the informant’s house on 15‑04‑2025, fired ten rounds, and fled when villagers gathered, with three empty cartridges recovered. The court considered the petitioner’s criminal antecedents and the seriousness of the alleged offences. It held that the gravity of the allegations and the risk of tampering with evidence outweighed any claim to bail. Consequently, the court refused to extend the privilege of anticipatory bail. The petition for anticipatory bail was therefore dismissed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner given the seriousness of the offences under the B.N.S., 2023 and the Arms Act.
- Whether the petitioner’s criminal antecedents justify denial of anticipatory bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27, 35
- B.N.S., 2023 — s. 109, 3(5)
Subjects
- anticipatory bail
- criminal antecedents
- Arms Act
- B.N.S. 2023
- high court
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87759 of 2025
Arising Out of PS. Case No.-479 Year-2025 Thana- MAHUA District- Vaishali
======================================================
Ram Adhar Rai @ Ramadhar Rai S/o Harendra Rai @ Harindra Ray R/o
Village - Laxmi Narayanpur, P.S - Tisiauta, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 109 and 3(5) of
B.N.S., 2023 as well as Sections 25(1-b)a, 26, 35 and 27 of the
Arms Act.
3. Considering the criminal antecedents of the
petitioner and also taking into consideration the allegation, as
alleged in the FIR that petitioner along with two other accused
came on 15.04.2025 at 07:00 p.m. at the house of the informant
and fired ten rounds but then the informant narrowly escaped
and when villagers gathered, the accused persons fled and from
the place of occurrence, three empty cartridges were recovered,
the Court is not inclined to extend the privilege of anticipatory
Patna High Court CR. MISC. No.87759 of 2025(2) dt.21-01-2026
2/2
bail to the petitioner.
4. Accordingly, the prayer for grant of anticipatory
bail to the petitioner is hereby rejected in connection with
Mahua P.S. Case No.479 of 2025, pending in the court of
learned A.C.J.M.-IV, Vaishali at Hajipur.
(Satyavrat Verma, J)
Sanjay/-
U T
Checking your session…