Patna High Court
Mahendra RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing release upon furnishing a bail bond of Rs.10,000 with two sureties.
Summary
Mahendra Rai petitioned for regular bail in a case registered under sections 103(1), 61(2), 325 and 3(5) of the BNS and Section 27 of the Arms Act, relating to a shooting incident that led to the death of an informant's husband and the subsequent murder of the informant's daughter. The prosecution alleged that three armed persons fired indiscriminately and that the petitioner, as the father of the daughter’s husband, conspired in the murder, although the FIR only mentioned him in the second part and he was in custody at the time of the alleged conspiracy. The petitioner’s counsel argued that there was no substantive evidence against him beyond suspicion and highlighted that a co‑accused, Deepak Kumar, had already been granted bail. The State opposed bail, citing a prior criminal antecedent and the suspicion evident in the FIR. After hearing both sides, the court found the suspicion insufficient to deny bail and ordered the petitioner’s release on a bail bond of Rs.10,000 with two sureties, directing compliance with the ACJM.
Issues considered
- Whether the petitioner is entitled to regular bail despite allegations under sections 103(1), 61(2), 325, 3(5) of the BNS and Section 27 of the Arms Act.
- Whether the mere suspicion recorded in the FIR is sufficient to justify denial of bail.
- Whether the petitioner’s prior custody and alleged conspiracy affect his bail eligibility.
Legislation cited
Subjects
- regular bail
- bail bond
- criminal procedure
- murder
- arms act
- dowry cruelty
- suspicion
- FIR
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11112 of 2026
Arising Out of PS. Case No.-420 Year-2025 Thana- RAMKRISHNANAGAR District- Patna
======================================================
Mahendra Rai S/o Late Ramji Rai R/o Village- Chandasi, P.S- Gaurichak,
Dist- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aditya Rai, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 103(1),
61(2), 325 and 3(5) of BNS and Section 27 of the Arms Act.
3. The case of the prosecution is that the informant
has gone to feed cow with her husband. It is further alleged that
three persons being armed with pistol arrived there and started
firing indiscriminately on her husband due to which, he fell
down. The informant raised alarm. During the course of
treatment, her husband died. It has further been alleged that the
daughter of the informant was married with one Niraj Kumar
and she was subjected to cruelty on account of non-fulfillment
of dowry demand. On 12.07.2024, the daughter of the informant
Patna High Court CR. MISC. No.11112 of 2026(3) dt.25-02-2026
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was killed and for that, he has lodged the FIR in that case. The
petitioner is also named in the FIR as he is the father of Niraj
Kumar with whom the daughter of the informant was married.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that save and except
suspicion, there is nothing against this petitioner. From perusal
of the FIR, it is clear that the allegation of firing against three
persons and the name of this petitioner has come in the second
part of the FIR and it is alleged that he has conspired. Learned
counsel has submitted that during that period, the petitioner was
in custody. It is not clear from the investigation as to how did he
conspire. He has also submitted that similarly situated co-
accused Deepak Kumar has been granted bail by this court vide
Cr. Misc. No. 9787 of 2026. Moreover, the petitioner is
languishing in judicial custody since 06.08.2024.
5. Learned APP appearing for the State and learned
counsel for the informant have vehemently opposed the prayer
of regular bail and has submitted that petitioner is having one
criminal antecedent. Learned counsel has stated that there is
suspicion against this petitioner which is apparent in the FIR
itself but he has also conceded that save and except suspicion,
Patna High Court CR. MISC. No.11112 of 2026(3) dt.25-02-2026
3/3
there is nothing against him.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Ramkrishna Nagar P.S. Case No. 420 of 2025 on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned A.C.J.M. XV, Patna.
(Ashok Kumar Pandey, J)
shubham/-
U T
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