Patna High Court
Daroga RaiversusThe State Of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to regular bail as the prosecution failed to demonstrate sufficient grounds to justify its denial.
Summary
The petitioner, Daroga Rai, was arrested in connection with a murder case (PS Maner Case No. 527 of 2024) alleged under sections 140(1), 109, 61(2) and 3(5) of the BNS and section 27 of the Arms Act. The prosecution alleged that the petitioner and others killed the informant’s husband and concealed the body. The petitioner’s counsel argued that the FIR was filed a day after the incident, the informant was not an eye‑witness, the accusations were based merely on suspicion, and the petitioner had no criminal antecedents. The State opposed bail, contending the seriousness of the offences. The Court, after considering the lack of substantive evidence, the petitioner’s clean record, his prolonged custody since 3 January 2026, and a similar bail order in Cr. Misc. No. 3874 of 2025, granted regular bail on a bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged.
- Whether the delay in filing the FIR and the lack of an eye‑witness justify denial of bail.
- Whether the prosecution has established sufficient grounds to refuse bail.
Legislation cited
Subjects
- regular bail
- murder
- arms act
- criminal procedure
- presumption of innocence
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20790 of 2026
Arising Out of PS. Case No.-527 Year-2024 Thana- MANER District- Patna
======================================================
Daroga Rai Son of Late Manik Rai R/O Vill.- Lodipur,Buddha Tola,P.S-
Maner,Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 02-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 140(1), 109,
61(2) and 3(5) of BNS and Section 27 of the Arms Act.
3. The case of the prosecution is that the petitioner
along with others has killed the husband of the informant and
they have concealed the dead body of the deceased.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that from perusal of the
FIR, it is clear that the informant is not the eye witness of this
case. She has named all the accused persons only on the basis of
suspicion. Learned counsel has further submitted that there is
Patna High Court CR. MISC. No.20790 of 2026(2) dt.02-04-2026
2/2
delay of one day in filing of the FIR and the delay is not
explained. Save and except suspicion, there is nothing against
the petitioner. He has also submitted that similarly situated other
co-accused person has already been granted bail by learned co-
ordinate Bench of this Court vide Cr. Misc. No. 3874 of 2025.
The case of this petitioner stands on similar footing. A statement
has been made in para-3 of this petition that the petitioner has
got no criminal antecedent. Moreover, he is languishing in
judicial custody since 03.01.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Maner P.S. Case No. 527 of 2024 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate, 1st Class,
Danapur, Patna.
(Ashok Kumar Pandey, J)
Shubham/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.