Jainath Kumar @ Jai Nath Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8282 of 2026 Arising Out of PS. Case No.-206 Year-2025 Thana- RAGHOPUR District- Vaishali ====================================================== Jainath Kumar @ Jai Nath Rai S/o Shankar Ray Resident of VillageMirjapur, PS- Raghopur, Distt.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dr. Bipin Chandra, Adv.
For the Opposite Party/s :
Mr. Renu Kumari, App.
For the Informant :
Ms. Sama Akhtar, Adv.
:
Ms. Gaziya Raza Khan, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-05-2026
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Raghopur Police Station Case No. 206 of 2025, disclosing offences under Sections 126(1), 109, 3(5) of the BNS, 2023.
3. As per the prosecution case, on 26.07.2025, in the evening, at about 6:30 p.m., petitioner, Jitendra Ray and Surendra Ray, were having fight and both sides were firing indiscriminately. In the meanwhile, a bullet fired by them hit the the informant's son Praduman Kumar on his right leg while he was standing at the door of his house.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.8282 of 2026(3) dt.06-05-2026 2/3 petitioner has not committed any offence in the manner alleged and as per the FIR, the allegation of firing is upon both the sides. No used cartridges have been found from the place of occurrence during investigation and there is no specific allegation against the petitioner that he fired bullet upon informant's son. The injury caused to the informant's son on the right leg is of the size 2 cm, 1 cm, and 3 cm, which does not appears to be serious in nature.
5. On the other hand, learned counsel for the informant opposes the prayer for anticipatory bail and submits that petitioner is having criminal antecedent and he is in the habit of fighting very frequently. On the date of occurrence, the firing was done by the side of the petitioner and informant's son while he was standing at his door, sustained bullet injury and the injury caused to the victim has been found due to firearm and a bullet cell was found at the place of occurrence, which was handed to the police.
6. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation against the petitioner and he is having criminal antecedent and the firing made by both the sides have resulted in causing firearm injury on the right leg of the informant's son,
Patna High Court CR. MISC. No.8282 of 2026(3) dt.06-05-2026 3/3 I am not inclined to grant the petitioner privilege of anticipatory bail.
7. This application is, accordingly, rejected. (Anil Kumar Sinha, J) HarshPandey/- U T