Research › Search › Judgment

Patna High Court · body

2026 DAILYLAW 7008 (PAT)

Ramashray Rai v. The State of Bihar

CR. MISC./8809/2026 · 2026-02-26

Anil Kumar Sinha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8809 of 2026 Arising Out of PS. Case No.-154 Year-2025 Thana- GAURICHAK District- Patna ====================================================== 1. Ramashray Rai S/o Late Bhagwan Rai R/o Village- Jamalpur, PS- Gaurichak, Distt- Patna 2. Manohar Rai S/o Ramashray Rai R/o Village- Jamalpur, PS- Gaurichak, Distt- Patna 3. Siyaram Rai S/o Ramchandra Rai R/o Village- Jamalpur, PS- Gaurichak, Distt- Patna 4. Ajay Kumar @ Ajay Rai S/o Siyaram Rai R/o Village- Jamalpur, PS- Gaurichak, Distt- Patna 5. Sanjay Rai S/o Siyaram Rai R/o Village- Jamalpur, PS- Gaurichak, Distt- Patna 6. Amarjeet Kumar @ Amarjit Rai S/o Shankar Rai R/o Village- Jamalpur, PS- Gaurichak, Distt- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Jay Ram Prasad For the Opposite Party/s : Ms.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 26-02-2026 1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Gaurichak Police Station Case No. 154 of 2025, dated 26.03.2025, disclosing offences punishable under Sections 126(2)/115(2)/329(3)/76/109/303(2)/3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. Patna High Court CR. MISC. No.8809 of 2026(2) dt.26-02-2026 2/3 3. The prosecution case, as per the First Information Report, is that on the date of occurrence, all the accused persons, including the petitioners, arrived at the house of the informant with fire arms and started outraging the modesty of the informant’s wife and daughter-in-law. It has further been alleged that the accused persons started assaulting and opened fire also. 4. Learned Counsel for the petitioners submits that as per the First Information Report, the petitioner no. 1 is the order giver. There is no allegation against petitioner nos. 2 to 6. The allegation against petitioner nos. 2, 5 and 6 is of resorting to fire, but no used cartridge has been found in course of investigation. Both the parties are agnates, having land dispute. The specific overt act is not there against the petitioners. The petitioners are having no criminal antecedent. 5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that both the parties are angates having land dispute and there is no allegation of assault against the petitioners, I am inclined to grant the petitioners privilege of anticipatory bail. Patna High Court CR. MISC. No.8809 of 2026(2) dt.26-02-2026 3/3 6. This application is, accordingly, allowed. 7. Let the petitioners, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Additional Chief Judicial Magistrate, Patna City, Patna, in connection with Gaurichak Police Station Case No. 154 of 2025, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Prabhakar Anand/- (Anil Kumar Sinha, J.) U √ T √