Patna High Court
Bablu Ray @ Bablu Kumar RayversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted and the application was dismissed.
Summary
The petitioners, Bablu Ray and Mohan Ray, filed an anticipatory bail application fearing arrest in connection with Darbhanga Town Police Station Case No. 125 of 2025, which is registered under multiple sections of the B.N.S. The prosecution alleges that the petitioners assaulted the victim. The petitioners claim they are innocent and have been falsely implicated, though they possess six prior criminal antecedents. The State opposed the grant of anticipatory bail. The Court, considering the seriousness of the allegations and the petitioners' criminal record, declined to grant anticipatory bail and dismissed the application, directing the petitioners to surrender within two weeks for regular bail proceedings.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the listed sections of the B.N.S. given their criminal antecedents
Legislation cited
- B.N.S. — s. 109, 115(2), 117(2), 126(2), 303(2), 324(1), 3(5), 351(2), 352, 76
Subjects
- anticipatory bail
- criminal antecedents
- bail application
- B.N.S. sections
- Darbhanga
- High Court of Patna
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88511 of 2025
Arising Out of PS. Case No.-125 Year-2025 Thana- DARBHANGA District- Darbhanga
======================================================
1. Bablu Ray @ Bablu Kumar Ray S/O Ram Sevak Ray @ Kallor Ray @
Kallar Ray Resident of Village/ Mohalla- Shubhankarpur, P.S- Darbhanga
Town, District- Darbhanga.
2. Mohan Ray S/O Ram Sevak Ray @ Kallor Ray Resident of Village/
Mohalla- Shubhankarpur, P.S- Darbhanga Town, District- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Subhash Kumar Jha, Advocate
For the Opposite Party/s : Mr.Ram Sumiran Rai,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend arrest in connection
with Darbhanga Town P.S. Case No. 125 of 2025 instituted
under Sections 115(2), 126(2), 303(2), 117(2), 109, 76, 324(1),
351(2), 352, 3(5) of the B.N.S.
3. As per the prosecution case, petitioners are
alleged to have assaulted the victim.
4. Learned counsel for the petitioners submits that
the petitioners are innocent and have been falsely implicated in
this case. Petitioners have six criminal antecedents.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.88511 of 2025(2) dt.15-01-2026
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anticipatory bail of the petitioners.
6. Considering the allegations levelled against the
petitioner and the criminal antecedents of the petitioners, I am
not inclined to grant anticipatory bail to the petitioners.
7. Accordingly, this application stands dismissed.
8. The petitioners are directed to surrender within two
weeks from today and pray for regular bail, failing which the
Senior Superintendent of Police, Darbhanga will take all steps
for arrest of the petitioners.
9. Let a copy of this order be communicated to the
Senior Superintendent of Police, Darbhanga through FAX or e-
mail for its compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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