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Patna High Court

Ramesh RaiversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail is not granted to the petitioner.

Summary

The petitioner, Ramesh Rai, applied for anticipatory bail fearing arrest in a case (Bhelahi PS Case No.48 of 2025) involving alleged participation in a mob that assaulted police while they were trying to arrest another accused. The prosecution alleged that the petitioner was among 50‑55 persons who attacked the police, leading to charges under multiple sections of the Bihar Police Act. The petitioner sought protection from arrest, arguing the allegations were not substantiated. The Court examined the seriousness of the alleged offences and the risk of the petitioner evading trial. Considering the nature of the allegations, the Court declined to grant anticipatory bail. The petition was dismissed, and the petitioner was ordered to surrender within four weeks and apply for regular bail, failing which the police would be directed to arrest him.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the alleged mob assault on police.

Subjects

  • anticipatory bail
  • mob assault
  • police arrest
  • criminal procedure
  • Bihar Police Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89490 of 2025
                     Arising Out of PS. Case No.-48 Year-2025 Thana- Bhelahi District- East Champaran
                 ======================================================
                 Ramesh Rai Son of Lorik Rai Nat Resident of Village - Anand Sagar,
                 Gamharia, 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.89490 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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