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Patna High Court

Mohan RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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