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Patna High Court

Shankar Rai @ Shankar Singh @ Sankar Ray @ Sankar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to regular bail.

Summary

Shankar Rai, also known by several aliases, was arrested in connection with a case involving the theft of two motorcycles and five live cartridges, alleged to have been recovered from his residence. He was charged under section 317(5) of the Bhartiya Nyay Sanhita, 2023 and sections 25(1‑B)(a) and 26 of the Arms Act. The petitioner contended that he was falsely implicated and that no incriminating articles were found at his home, having been in custody since 7 June 2025 with a chargesheet already filed. The State opposed the bail application. The Patna High Court, after noting the eight‑month pre‑trial detention and the filing of the chargesheet, ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount. The order was pronounced by Justice Partha Sarthy.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the offences under the Arms Act and the Bhartiya Nyay Sanhita.

Legislation cited

Subjects

  • regular bail
  • pre‑trial detention
  • Arms Act
  • Bhartiya Nyay Sanhita
  • theft of motor vehicles
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 11162 of 2026
                      Arising Out of PS. Case No.-203 Year-2025 Thana- GAURICHAK District- Patna
                 ======================================================
                 Shankar Rai @ Shankar Singh @ Sankar Ray @ Sankar Singh S/O Late
                 Jagmohan Rai @ Jaglal Rai @ Jagmohan Ray @ Jaglal Ray Resident of
                 Village - Bhagwanpur, P.S- Pachrukhiya, Distt.- Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhisek Rai, Advocate
                 For the Opposite Party/s :       Mr. Jai Narain Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   25-02-2026                    1. Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Gaurichak P.S. Case no.

                   203 of 2025 registered under section 317(5) of the Bhartiya Nyay

                   Sanhita, 2023 and sections 25(1-B)(a) and 26 of the Arms Act.

                                   3. As per the prosecution case, the two stolen

                   motorcycles and five live cartridges were recovered from the

                   house of the petitioner.

                                   4. It is submitted by learned counsel for the

                   petitioner that the petitioner has been falsely implicated in the

                   case because of his antecedent. No incriminating article has

                   been recovered from the petitioner’s house. He is in custody

                   since 7.6.2025 and chargesheet has been submitted in the case.
          Patna High Court CR. MISC. No. 11162 of 2026(2) dt.25-02-2026
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                                    5. Heard learned A.P.P. for the State.

                                    6. Having heard learned counsel for the parties and

                    taking into consideration the allegations against the petitioner in the

                    F.I.R., the petitioner being in custody for 8 months since 7.6.2025

                    and chargesheet having been submitted in the case, the Court directs

                    the petitioner to be enlarged on bail in connection with Gaurichak

                    P.S. Case no. 203 of 2025 on furnishing bail bond of Rs.10,000/

                    (Rupees Ten Thousand) with two sureties of the like amount each to

                    the satisfaction of the learned ACJM-II, Patna City, Patna.



                                                (Partha Sarthy, J)
Bibhash

U     T


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