Patna High Court
Shailesh Patel @ Sailesh Patel @ Gorakh PatelversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is denied as the petitioner does not merit the privilege given the nature and gravity of the alleged offences.
Summary
The petitioner, Shailesh Patel, sought anticipatory bail fearing arrest in a case (PS 550 of 2024) involving alleged violent assault and shooting. The prosecution alleged that Patel and others assaulted an informant, forced the victim into a marriage hall, and on Patel’s orders, Abhishek Patel shot the victim, invoking offences under Sections 126, 109, 352, 351(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The court examined the seriousness of the alleged offences and the petitioner’s role in the alleged crime. Concluding that the nature and gravity of the offences did not merit the privilege of anticipatory bail, the court denied the application. The petitioner was ordered to surrender within two weeks and apply for regular bail, failing which police would be directed to arrest him.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the alleged offences under the Bharatiya Nyaya Sanhita and the Arms Act.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 126, 3(5), 351(1), 352
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Arms Act
- assault
- attempted murder
- high court
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88708 of 2025
Arising Out of PS. Case No.-550 Year-2024 Thana- PARSABAZAR District- Patna
======================================================
Shailesh Patel @ Sailesh Patel @ Gorakh Patel S/o Jitendra Singh @ Chhotan
Singh R/o Sahab Nagar, P.S.- Gaurichak, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anjani Parashar
For the Opposite Party/s : Mr. Md. Fahimuddin
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehend arrest in connection with
Parsa Bazar P.S. Case No. 550 of 2024 registered for offences
under Sections 126, 109, 352, 351(1) and 3(5) of the Bharatiya
Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner and
others are said to have fought with the informant and they
forcibly took the victim inside a marriage hall and thereafter,
fired indiscriminately and on the orders of the petitioner, one
Abhishek Patel shot at the victim injuring him.
4. Considering the nature and gravity of offence, this
court is of the considered opinion that petitioner does not
deserve the privilege of anticipatory bail in the present case.
Patna High Court CR. MISC. No.88708 of 2025(2) dt.15-01-2026
2/2
5. The application for anticipatory bail is, accordingly,
rejected.
6. The petitioner is directed to surrender in the court
below within a period of two weeks from today and seek regular
bail, if so advised, failing which the Senior Superintendent of
Police, Patna will take all steps for the arrest of the petitioner.
7. Let a copy of this order be communicated to the
Senior Superintendent of Police, Patna through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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