Patna High Court

Rajesh Rai @ Rajesh RayversusThe State of Bihar

Decided: 20 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was denied because of the serious nature of the allegations and the petitioner’s prior similar criminal antecedent.

Summary

Petitioner Rajesh Rai sought anticipatory bail after an FIR alleged that he, along with co‑accused, fired indiscriminately from a pistol at an informant’s house and attempted to abduct her. The FIR also noted two prior criminal records for the petitioner, one of a similar nature. The petitioner feared arrest under Sections 126(2), 115(2), 109, 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act. The Court examined the seriousness of the alleged offences and the petitioner’s criminal antecedents. Considering the gravity of the accusations and the prior similar conviction, the Court refused the prayer for anticipatory bail. The petition for anticipatory bail was therefore dismissed.

Issues considered

Whether anticipatory bail should be granted to the petitioner in view of the serious nature of the offences alleged and his prior criminal antecedent?

Legislation cited

Arms Act — s. 27
B.N.S., 2023 — s. 109, 115(2), 126(2), 3(5)

Subjects

anticipatory bail
criminal antecedent
Arms Act
attempted abduction
FIR
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91701 of 2025
                  Arising Out of PS. Case No.-189 Year-2025 Thana- SARAI RANJAN District- Samastipur
                 ======================================================
                 Rajesh Rai @ Rajesh Ray S/O Bahadur Rai @ Bahadur Ray R/o Village - Jan
                 Mohammadpur Rashulpur, P.S- Sarairanjan, District -Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bijay Bhushan Prasad
                 For the Opposite Party/s :       Mr.Arun Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   20-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner apprehends his arrest in a case,

                   registered for offence punishable under Sections 126(2), 115(2),

                   109, 3(5) of the B.N.S., 2023 and later on, Section 27 of the

                   Arms Act was added.

                                3. As per F.I.R., allegation against petitioner is that he

                   along with other co-accused persons came at the house of

                   informant and made indiscriminate firing with pistol. It is

                   further alleged that this petitioner also tried to abduct informant

                   but she (informant) saved herself. Besides this, petitioner has

                   got two criminal antecedent, out of which, one is of similar

                   nature.

                                4. Considering the nature of accusation and criminal
           Patna High Court CR. MISC. No.91701 of 2025(2) dt.20-01-2026
                                                       2/2




                     antecedent,      the prayer for anticipatory bail of petitioner is

                     rejected.



                                                      (Prabhat Kumar Singh, J)
anay

U      T

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