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Patna High Court

Umesh Ray NatversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was denied to the petitioner.

Summary

The petitioner, Umesh Ray, applied for anticipatory bail fearing arrest in a case (Bhelahi PS Case No. 48 of 2025) involving multiple offences under the Bihar Penal Code. The prosecution alleged that a mob of about 50‑55 persons, including the petitioner, assaulted police while they were attempting to arrest another accused, Radhe Shyam Rai. The court examined the seriousness of the allegations, particularly the alleged participation in a violent mob attack on law‑enforcement officers. Considering the nature of the allegations, the court was not inclined to grant anticipatory bail. The application for anticipatory bail was therefore dismissed, and the petitioner was directed to surrender within four weeks and seek regular bail, failing which the police were authorized to arrest him.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner accused of participating in a mob assault on police officers

Subjects

  • anticipatory bail
  • mob assault
  • police
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89355 of 2025
                     Arising Out of PS. Case No.-48 Year-2025 Thana- Bhelahi District- East Champaran
                 ======================================================
                 Umesh Ray Nat Son of Singasan Ray Nat Resident of Village - Pipariya Ward
                 No.- 17, Police Station - Bhelahi, District - East Champaran

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Vijay Shankar Shrivastava
                 For the Opposite Party/s :        Mr.Anil Kumar Singh No. 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   04-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Bhelahi P.S. Case No. 48 of 2025 registered for the offence

                   under Section 190, 191(2), 191(3), 126(2), 115(2), 117(2), 109,

                   76, 132, 121(1), 121(2), 221, 324(3), 324(6), 111(2) of the BNS.

                                    3. As per the prosecution case, the police arrested

                   one accused Radhe Shyam Rai and when the police was trying

                   to take the accused with them, a mob of 50 to 55 persons came

                   there and assaulted the police party. The petitioner is said to be

                   one of the persons in the mob.

                                    4. Considering the nature of allegation levelled

                   against the petitioner, this Court is not inclined to grant

                   anticipatory bail to the petitioner.
          Patna High Court CR. MISC. No.89355 of 2025(2) dt.04-02-2026
                                                      2/2




                                      5.   Accordingly, this application for anticipatory

                    bail is dismissed.

                                    6. The petitioner is directed to surrender in the

                    Court below within four weeks from today and pray for regular

                    bail failing which the Superintendent of Police, East Champaran

                    will take all steps for arrest of the accused person/s including

                    the petitioner.

                                    7.     Let a copy of this order this order be

                    communicated to the Superintendent of Police, East Champaran

                    through FAX for its compliance.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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