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Patna High Court

PINTU RAI @ PINTU KUMAR @ PINTU RAYversusTHE STATE OF BIHAR

Decided
Disposal
BAIL REJECTED

Holding

The Court denied anticipatory bail to the petitioners, finding prima facie involvement in the offence.

Summary

The petitioners, Pintu Rai and Deepak Rai, were named in an FIR for offences under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act, alleging that they overtook and stopped the vehicle of an informant and his deceased relative, after which co‑accused Rajiv Rai and Bhola Rai opened fire, killing the informant's grandson. The petitioners sought anticipatory bail, contending that the fatal assault was attributable only to the co‑accused and that they had no specific overt act, also pointing out that one co‑accused had been acquitted and that they were already involved in other cases on bail. The State, represented by the APP, argued that the petitioners were in the same vehicle as the shooters, were seen running from the scene with pistols, and therefore had prima facie involvement. The Court examined the FIR, statements of independent witnesses recorded under Section 161 of the Cr.P.C., and concluded that the factual matrix indicated the petitioners' participation in the crime. Consequently, the Court rejected the anticipatory bail application, directing that any regular bail be considered by the trial court after surrender, without prejudice to its observations.

Issues considered

  • What is the appropriate legal standard for granting anticipatory bail to the petitioners in light of the alleged prima facie involvement in the murder?
  • Whether the presence of the petitioners in the same vehicle and the witness statements constitute sufficient grounds to deny anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • murder
  • IPC 302
  • IPC 34
  • Arms Act 27
  • prima facie involvement
  • bail jurisprudence
  • Cr.P.C. 161

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25740 of 2024
                   Arising Out of PS. Case No.-18 Year-2024 Thana- WARISNAGAR District- Samastipur
                 ======================================================
           1.     PINTU RAI @ PINTU KUMAR @ PINTU RAY S/O LATE GANESH
                  RAY RESIDENT OF VILLAGE- BHAGIRATHPUR (WRONGLY
                  MENTIONED AS VILLAGE- MUSEPUR IN THE FIR), POLICE
                  STATION- KALYANPUR, DISTRICT- SAMASTIPUR
           2.     DEEPAK RAI @ DEEPAK KUMAR @ DEEPAK RAY S/O LATE
                  SURESH RAY R/O VILLAGE- MUSSEPUR, P.S- KALYANPUR, DISTT.-
                  SAMASTIPUR.
                                                                 ... ... Petitioner/s
                                           Versus
                 THE STATE OF BIHAR
                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. N.K. Agrawal, Sr. Adv
                                          :       Mr. Nilendu Kumar Choudhary, Adv
                 For the Opposite Party/s :       Mr. Zainul Abedin, APP
                 For the Informant        :       Mrs. Vaishnavi Singh, Adv
                                          :       Mr. Purushottam Kumar, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

4   28-01-2026                    Heard the parties.

                                 2. The petitioners are named in the F.I.R. and

                   apprehending         their   arrest   in   connection     with    Warisnagar

                   (Mathurapur O.P.) P.S. Case No. 18 of 2024 registered for the

                   offences punishable under Sections 302 and 34 of the Indian Penal

                   Code and Section 27 of the Arms Act.

                                 3. As per FIR, petitioners along with other co-accused

                   persons overtook the vehicle of informant and deceased and after

                   stopping their vehicle two named co-accused namely Rajiv Rai &

                   Bhola Rai opened indiscriminate firing causing death of grandson

                   of informant.
Patna High Court CR. MISC. No.25740 of 2024(4) dt.28-01-2026
                                            2/3




                       4. It is submitted by Mr. N.K. Agrawal, learned sr.

          counsel appearing on behalf of the petitioners that allegation of

          fatal assault is available against co-accused Rajiv Rai and Bhola

          Rai. It is pointed out that informant is the eye-witness of the

          occurrence, but no specific overt act appears attributed against

          these petitioners. While concluding arguments, it is submitted that

          above named petitioner no. 1 found involved in four more criminal

          cases and petitioner no. 2 found involved in six more criminal

          cases with same informant and his relative, where they are on bail.

          Arguing further, it is submitted that main co-accused namely Rajiv

          Rai facing specific allegation in terms of FIR has been acquitted

          after facing the trial by the learned Trial Court.

                       5. Learned APP duly assisted by learned counsel for the

          informant while opposing the prayer of bail submitted that these

          petitioners came on spot with same vehicle with Rajiv Rai and

          Bhola Rai and after overtaking stopped the vehicle of the

          informant and deceased, whereafter co-accused Rajiv Rai and

          Bhola Rai opened indiscriminate firing causing death of grandson

          of the informant. It is submitted that this conduct of petitioners

          suggest their prima-facie involvement qua present crime in

          question. During the course of argument, learned counsel for the

          informant drew attention of this Court towards statement of
               Patna High Court CR. MISC. No.25740 of 2024(4) dt.28-01-2026
                                                           3/3




                         independent witnesses as recorded u/S 161 of the Cr.P.C. during

                         course of investigation, which is part of paragraph no. 41 & 42 of

                         the case diary, where witnesses specifically alleged that these

                         petitioners were found running from the place of occurrence

                         having pistols in their hand.

                                      6. In view of aforesaid factual submission and by taking

                         note of fact as petitioners were in the same vehicle with co-

                         accused which caused fatal firearm injuries after stopping the

                         vehicle of informant and deceased coupled with fact, petitioners

                         were found running with pistols in their hand immediately after the

                         occurrence, accordingly prayer of anticipatory bail of both above

                         named petitioners stands rejected.

                                      7. Learned Trial Court may consider the prayer of

                         regular bail of both above named petitioners in accordance with

                         law, upon surrender without being prejudiced from any of the

                         observations made by this Court while disposing the present

                         anticipatory bail application.


                                                                   (Chandra Shekhar Jha, J.)
S.Tripathi/-

U       T


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