Patna High Court
Tarun RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to conditions prescribed under Section 480(3) of the B.N.S.S.
Summary
Tarun Rai was arrested in connection with a violent incident at a baraat where he and his brother allegedly opened fire and co‑accused looted cash and jewellery. He faced charges under multiple sections of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The petitioner claimed innocence, arguing that the allegation of firing was false and that his prior cases were old, except two recent ones. The State contended that he was a habitual offender with serious allegations. Considering the facts, the petitioner’s custody since August 2025, and the submission of a chargesheet, the High Court granted bail subject to conditions under Section 480(3) of the B.N.S.S.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences and his prior criminal record
- Whether the allegation of opening fire justifies denial of bail under the Bihar Narcotic Substances Act
- Application of Section 480(3) of the B.N.S.S. in imposing bail conditions
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 126(2), 303(2), 324(4), 3(5), 352, 480(3)
Subjects
- bail
- criminal procedure
- habitual offender
- Arms Act
- Bihar Narcotic Substances Act
- Section 480
- high court
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19503 of 2026
Arising Out of PS. Case No.-288 Year-2025 Thana- DARIYAPUR District- Saran
======================================================
Tarun Rai S/o Late Laddu Rai, Resident of Village- Banwaripur, P.S.-
Dariyapur, District- Saran at Chapra.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Nalin Kumar, Advocate
For the State : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
6 24-06-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Dariyapur P.S. Case No. 288 of 2025 dated
23.05.2025, registered for the offences punishable under
Sections 126(2), 115(2), 109, 324(4), 303(2) and 352 read with
Section 3(5) of the B.N.S., 2023 and Section 27 of the Arms
Act.
3. As per the prosecution case, during the dance
program in a baraat, about 30 persons entered into the pandal
and started looting the members of baraat. The petitioner and
his co-accused brother made three rounds of fire. The other
three co-accused persons snatched chain and cash of rupees
forty-five thousand from one Deepak Rai. When some persons
tried to pacify the matter, they were also assaulted.
Patna High Court CR. MISC. No.19503 of 2026(6) dt.24-06-2026
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4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and he has falsely
been implicated in the present case. The only allegation against
the petitioner is that of opening fire, but the said allegation is
false. Learned counsel next submits that petitioner is having
antecedent of eleven cases, but these are old cases except Parsa
P.S. Case No. 88 of 2025 and Dariyapur P.S. Case No. 256 of
2021. Learned counsel lastly submits that petitioner is in
custody since 05.08.2025 and chargesheet has been submitted.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner and
submits that petitioner is habitual offender and accused in
altogether eleven cases with serious allegation.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of allegation, petitioner’s period of custody and
submission of chargesheet against him, the petitioner, above-
named, is directed to be released on bail, on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Saran at Chapra / concerned Court, in
connection with Dariyapur P.S. Case No. 288 of 2025, subject
Patna High Court CR. MISC. No.19503 of 2026(6) dt.24-06-2026
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to the condition laid down under Section 480(3) of the B.N.S.S.
and other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(iv) The petitioner shall appear before the
concerned police station on every fortnight to mark his
attendance.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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