Patna High Court
Biru Rai @ Dharmveer Rai @ Vir KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The petitioner is entitled to bail and is released on condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Biru Rai, was charged under IPC sections 147, 148, 149, 302, 120B and Arms Act section 27 for a violent incident in which the son of an informant was abducted, assaulted and shot dead by co‑accused Gauri Rai. The prosecution alleged that the petitioner only verbally abused the victim and there was no specific allegation of assault or firing a weapon against him. The petitioner pleaded innocence, arguing lack of direct or indirect evidence and highlighted that bail had already been granted to other co‑accused. The State opposed the bail, citing the seriousness of the offences. The court, considering the absence of serious allegations against the petitioner, the charge‑sheet details, and the period of custody, ordered his release on bail with a bond of Rs.10,000 and specific conditions. The bail was granted subject to compliance with Section 480(3) of the BNSS and other stipulated conditions.
Issues considered
- Whether the petitioner, charged with offences including murder and unlawful possession of arms, is entitled to bail despite the seriousness of the charges.
Legislation cited
- Arms Act — s. 27
- BNSS — s. 480(3)
- Indian Penal Code — s. 120B, 147, 148, 149, 302
Subjects
- bail
- IPC
- murder
- arms act
- criminal conspiracy
- pre‑trial detention
- section 480(3) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25637 of 2026
Arising Out of PS. Case No.-339 Year-2024 Thana- BAKHTIYARPUR District- Patna
======================================================
Biru Rai @ Dharmveer Rai @ Vir Kumar Son of Jay Krishan Rai @ Jay Rai
@ Jay Krishna Ray Resident of village- Naya Tola, Bariyarpur, Ps-
Bakhtiyarpur, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Kashyap, Adv.
For the Opposite Party/s : Mr.Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Bakhtiyarpur P.S. Case No. 339 of 2024,
registered for the offences under Sections 147, 148, 149, 302,
120B of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, the son of the
informant was called out by the petitioner and other coaccused
persons to their house. When some delay occurred, four youths
on two motorcycles came to the house of the informant and took
away his son and entered into conversation with the son of the
informant. Subsequently, the informant came to know about
some commotion taking place near the house of coaccused
Gauri Rai. He went there and found his son was kept confined
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by the sons of coaccused Gauri Rai by grabbing his hands and
this petitioner and coaccused were abusing the son of the
informant. The coaccused Guari Rai took out a country made
katta and shot in the chest of the son of the informant who
subsequently died. The occurrence took place in the background
of enmity of the coaccused persons with the son of the
informant.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and he has been
falsely implicated in this case. The specific allegation of
opening fire is against coaccused Gauri Rai and only allegation
against the petitioner is of abusing the son of the informant.
There is no specific allegation of assault against this petitioner.
There is no direct or indirect evidence against the petitioner.
Coaccused Gauri Rai has been granted regular bail vide order
dated 06.08.2025 passed in Cr. Misc. No. 12156 of 2025 and
another similarly placed coaccused Niraj Kumar has been
granted bail vide order dated 14.02.2025 passed in Cr. Misc. No.
87300 of 2024 by a learned Single Judge of this Court.
Petitioner is in custody since 06.02.2026. He has two criminal
antecedents and in both the cases he is on bail. Charge sheet has
been submitted.
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5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
fact that no serious allegation has been levelled against the
petitioner and allegation of assault of firearm is specific against
coaccused and further considering the submission of charge
sheet and period of custody of the petitioner, the petitioner is
directed to be released on bail, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties
of the like amount each to the satisfaction of learned District
and Addl. Sessions Judge-VI, Barh, Patna/concerned court, in
connection with Bakhtiyarpur P.S. Case No. 339 of 2024,
subject to the condition laid down under Section 480(3) of the
BNSS 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
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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.
(Arun Kumar Jha, J)
Anuradha/-
U T
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