Patna High Court

Gandhi Rai @ Gandhi RayversusThe State of Bihar

Decided: 25 March 2026
Disposal: BAIL GRANTED
Bench: ANSHUMAN

Holding

The Court granted anticipatory bail to the petitioner, subject to a bail bond and conditions prescribed under the BNSS, 2023.

Summary

The petitioner, Gandhi Rai, sought anticipatory bail in connection with a theft case (Madhuban P.S. Case No.453 of 2022) where he was implicated under Sections 413, 414 and 34 of the IPC. The prosecution alleged that the petitioner’s name appeared in the FIR solely based on a confession made by co‑accused who were caught red‑handed. The petitioner’s counsel argued his innocence, a clean criminal record, and that the confession alone was insufficient to establish his guilt. The State opposed bail, contending that the confession implicated the petitioner. The Court examined whether the confession of co‑accused could justify arrest and whether anticipatory bail was appropriate. Finding no substantive incriminating material against the petitioner, the Court granted anticipatory bail subject to a bail bond of Rs.30,000 and conditions under Section 2(1)(d) and Section 482(2) of the BNSS, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner despite the confession of co‑accused.
Whether a confession by co‑accused alone constitutes sufficient ground for arrest under the IPC provisions.
Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.

Legislation cited

BNSS, 2023 — s. 2(1)(d), 482(2)
Indian Penal Code — s. 34, 413, 414

Subjects

anticipatory bail
confession of co‑accused
Indian Penal Code
Section 413 IPC
Section 414 IPC
Section 34 IPC
BNSS 2023
bail bond
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15405 of 2026
                 Arising Out of PS. Case No.-453 Year-2022 Thana- MADHUBAN District- East Champaran
                 ======================================================
                 Gandhi Rai @ Gandhi Ray S/o Ramashrya Prasad @ Ramashre Ray Resident
                 of village - Bhorahan, P.S.- Shyampur Bhatahan, Distt.- Sheohar
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :     Mr.Abhishek Kumar, Adv.
                                                 Mr.Hemant Ray, Adv.
                 For the Opposite Party/s :      Mrs.Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   25-03-2026                          Heard Learned Counsel for the petitioner and

                   Learned APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Madhuban P.S. Case No.453 of 2022 lodged on

                   19.10.2022, for the offences punishable under Sections 413, 414

                   and 34 of the IPC.

                                3. As per the prosecution, FIR has been lodged against

                   four named accused persons with allegation that one Chapakal

                   which was subject to theft recovered, which is subject matter of

                   the present case.

                                4. Learned Counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel

                   also submits that three accused persons have been caught red

                   handed who disclosed the name of the petitioner. He further

                   submits that the petitioner’s name has come in this case only by

                   virtue of confession made by co-accused.
           Patna High Court CR. MISC. No.15405 of 2026(2) dt.25-03-2026
                                                       2/2




                                  5. Counsel submits that the criminal antecedent of the

                     petitioner is clean.

                                  6. Learned APP for the State opposes the prayer for

                     bail of the petitioner and submits that petitioner’s name has

                     come only by virtue of confession, but there is no ingredient

                     found against the petitioner.

                                  7. As such, in the present facts and circumstances of

                     this case, let the above named petitioner be released on

                     anticipatory bail, in the event of arrest or surrender before the

                     learned Court below within a period of 4 weeks from today, on

                     furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)

                     as mentioned in Section 2(1)(d) of the BNSS, 2023 to the

                     satisfaction of Chief Judicial Magistrate, East Champaran,

                     Motihari in connection with Madhuban P.S. Case No.453 of

                     2022, subject to the conditions as laid down U/s 482(2) of the

                     BNSS, 2023.



                                                             (Dr. Anshuman, J)
Prakashmani/-

U      T

Continue reading with your account

Checking your session…