Raju Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4183 of 2026 Arising Out of PS. Case No.-96 Year-2025 Thana- Bahoranpur District- Bhojpur ====================================================== Raju Rai S/o Late Rajendra Rai Resident of Village- Damodarpur, P.S.- Bahoranpur, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar :
Mr. Amarendra Kumar For the Opposite Party/s :
Mr. Ashok Kumar Singh For the Informant :
Mr. Bhaskar Shankar ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 25-02-2026 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 109(1), 3(5), 61(2) of the B.N.S. and Section 27 of the Arms Act.
3. Petitioner is said to have fired on the son of the informant which hit on the lower back.
4. Learned counsel for the petitioner submits that the allegation on the petitioner is that he opened fire upon the son of the informant and when the informant intervened, co-accused Amrendra Rai assaulted him with the butt of the pistol. It has been submitted that the present case is a counter blast of the case filed by the brother of the petitioner with regard to killing of his another brother Dharmendra Kumar Rai in which the present injured Sujit Kumar Rai was also an accused. It is
Patna High Court CR. MISC. No.4183 of 2026(3) dt.25-02-2026 2/3 further submitted that an absurd story has been stated in the FIR that the assailant had gone to the police station along with the informant. Further, the injury report of the informant and his son no doubt indicates grievous injuries but the injury reports are of a private hospital. It has also been submitted that the co-accused Amrendra Rai who caused grievous injury on the informant has, however, been granted bail by a coordinate Bench of this Court vide order dated 08.12.2025 passed in Cr. Misc. No. 83399 of 2025. The petitioner is in custody since 02.09.2025 and the charge-sheet has been submitted.
5. Learned APP for the State and learned counsel for the informant have opposed the application for bail on the ground that the injury sustained by both the injured persons is grievous in nature and the petitioner is the author of at least one of the injuries which is with regard to firearm injury received by Sujit Kumar Rai.
6. Taking into consideration the facts and circumstances and also considering the fact that the petitioner was the one who had opened fire on the injured Sujit Kumar Rai, coupled with the fact that he has criminal antecedent, I am not inclined to enlarge the petitioner on bail at this stage. Accordingly, his prayer for bail is rejected in connection
Patna High Court CR. MISC. No.4183 of 2026(3) dt.25-02-2026 3/3 Bhahoranpur P.S. Case No. 96 of 2025.
7. However, the petitioner is granted the liberty to renew his prayer for bail upon framing of charge. (Soni Shrivastava, J) devendra/- U T