Patna High Court
Mohan RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioner.
Summary
Mohan Rai applied for anticipatory bail after learning that he might be arrested in a case registered under Sections 103(1) and 103(2) of the Bihar Narcotic Substances Act and Sections 25(1‑B)(i), 26 and 35 of the Arms Act. He was not named in the FIR; his name surfaced only from the confessional statement of co‑accused Ravindra Kumar, who had already been granted regular bail. The petitioner argued that no police witness or CCTV footage identified him and that he had no direct involvement in the alleged offence. The State opposed the bail, contending that the petitioner had a criminal antecedent. The Court, noting the lack of direct evidence against the petitioner and the reliance solely on a co‑accused’s confession, granted anticipatory bail subject to a bail bond, sureties, and conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted when the petitioner is not named in the FIR and the only basis for implication is a co‑accused’s confessional statement.
- Whether the petitioner’s prior criminal antecedent precludes the grant of anticipatory bail.
Legislation cited
- Arms Act — s. 25(1-B)(i), 26, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Narcotic Substances Act — s. 103(1), 103(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- confessional statement
- co‑accused
- arms act
- narcotic act
- criminal antecedent
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14694 of 2026
Arising Out of PS. Case No.-492 Year-2025 Thana- GOPALPUR District- Patna
======================================================
Mohan Rai S/O Nasib Lal @ Nasib Rai Resident of village- Domanchak, PS-
Gopalpur, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jai Kishore Sharma
For the Opposite Party/s : Mr.Dr. Indiwar Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 29-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 103(1) and
103(2) of BNS along with Sections 25(1-B) (i), 26 and 35 of
the Arms Act, in connection with Gopalpur P.S.Case No. 492 of
2025.
3. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner is not named in the FIR and his
name has surfaced on the basis of confessional statement of co-
accused Ravindra Kumar, who has been granted regular bail by
a co-ordinate Bench of this Court. It is further submitted that
during the course of investigation, neither any spy of the police
Patna High Court CR. MISC. No.14694 of 2026(3) dt.29-04-2026
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nor in the CCTV footage, he has been identified by any of the
witnesses.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. The petitioner is not a named accused in the FIR.
His name has come up on the basis of confessional statement of
co-accused Ravindra Kumar, who has already been granted
regular bail by a co-ordinate Bench of this Court, vide order
dated 25.03.2026 passed in Cr.Misc. No.18111 of 2026.
Although, it is said that the petitioner has been identified in the
CCTV footage, but paragraph nos. 27 and 32 of the case diary,
indicate that the petitioner was not carrying any arms. In fact, it
was Revindra Kumar, who was carrying a lathi in his hand,
who has already been granted regular bail. The petitioner has
one criminal antecedent, which has been described in para-3 of
the application, in which the petitioner is said to be on bail.
6. Under these circumstances, I am inclined to grant
privilege of anticipatory bail to the petitioner.
7. Let the petitioner, as named above, in the event of
his arrest or surrender within four weeks from today, be
enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.14694 of 2026(3) dt.29-04-2026
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satisfaction learned Judicial Magistrate 1st Class, Patna in
connection with Gopalpur P.S.Case No. 492 of 2025, subject to
the conditions laid down under section 438(2) of the Code of
Criminal Procedure/Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023 and subject to further condition that :-
(i) the petitioner shall co-operate in the investigation/
trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioner and in case it is found that
the petitioner has concealed his criminal antecedent, the Court
below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
HR/-
U T
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