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Patna High Court

Tarun RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                      3/3




                    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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