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Patna High Court

Biru Rai @ Dharmveer Rai @ Vir KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.25637 of 2026(2) dt.17-04-2026
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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.
Patna High Court CR. MISC. No.25637 of 2026(2) dt.17-04-2026
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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
             Patna High Court CR. MISC. No.25637 of 2026(2) dt.17-04-2026
                                                         4/4




                                               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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