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Patna High Court

Gautam RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to all petitioners subject to a bond and specific conditions, finding no sufficient ground to deny bail despite the serious nature of the charges and prior criminal antecedents.

Summary

The petitioners, five members of the Rai family, were arrested on 19 February 2026 in connection with a land‑dispute incident alleged in FIR No. 71 of 2026, charging them under several sections of the Bihar Narcotic Substances Act, 2023. They contended that the FIR was fabricated, that there was a pending title suit over the same land, and that the allegations against them were merely generic and not specific to any overt act. The prosecution opposed bail, highlighting that four of the petitioners had three prior criminal cases each and the fifth had two, though all were already out on bail in those matters. The Court examined the nature of the offences, the lack of specific incriminating material in the FIR, and the petitioners' willingness to cooperate, and consequently ordered bail on a bond of Rs. 10,000 with two sureties per petitioner. The bail was conditioned on regular court attendance, non‑tampering with evidence or witnesses, and verification of any concealed criminal antecedents, with the provision that non‑compliance could lead to cancellation.

Issues considered

  • What is the appropriate exercise of discretion by the court in granting bail to accused persons charged under multiple serious offences under the Bihar Narcotic Substances Act, 2023, considering their criminal antecedents?
  • Whether the generic nature of the FIR allegations against the petitioners justifies the grant of bail.

Legislation cited

Subjects

  • bail
  • criminal antecedents
  • land dispute
  • Bihar Narcotic Substances Act
  • FIR
  • court discretion
  • conditions of bail
  • East Champaran

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27780 of 2026
                   Arising Out of PS. Case No.-71 Year-2026 Thana- CHIRAIYA District- East Champaran
                 ======================================================
           1.     Gautam Rai S/o Late Punit Rai R/o Village - Baidhyanathpur, P.S - Kotwa,
                  District - East Champaran
           2.    Dular Rai S/o Late Punit Rai R/o Village - Baidhyanathpur, P.S - Kotwa,
                 District - East Champaran
           3.    Ruplal Rai S/o Krit Rai R/o Village - Baidhyanathpur, P.S - Kotwa, District -
                 East Champaran
           4.    Chandrika Rai S/o Jhaman Rai R/o Village - Baidhyanathpur, P.S - Kotwa,
                 District - East Champaran
           5.    Ijindra Rai S/o Late Devi Rai R/o Village - Baidhyanathpur, P.S - Kotwa,
                 District - East Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :       Mr. Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   27-04-2026                     Heard Mr. Manoj Kumar, learned counsel for the

                   petitioners and Mr. Shantanu Kumar, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioners seeks bail who are in custody since

                   19.02.2026 in connection with Chiraiya P.S. Case No. 71 of

                   2026, F.I.R. dated 04.02.2026 for the offences punishable under

                   Sections 115(2), 126(2), 303(2), 308(3), 110, 351(2), 352 and

                   3(5) of the BNS, 2023.
Patna High Court CR. MISC. No.27780 of 2026(2) dt.27-04-2026
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                      3.    According to prosecution case, all the accused

          persons including these petitioners over a land dispute assaulted

          the informant with intention to kill him.

                      4. Learned counsel for the petitioners submits that

          petitioners are innocent and they have falsely been implicated in

          the present case. The allegation as alleged in the F.I.R is false

          and fabricated and the petitioners have not committed any

          offence as alleged in the F.I.R. From perusal of the F.I.R He

          further submits that due to admitted land dispute the present

          occurrence has taken place and there is case and counter case

          between the parties. One Title Suit No. 166 of 2025 is also

          pending between the parties for the same set of land. Although

          the petitioners are named in the FIR but there is no specific

          allegation of assault or overt act attributed against the

          petitioners rather there is general and omnibus allegation against

          12 accused persons including these petitioners. The petitioners

          are in custody since 19.02.2026.

                      5.    Learned       Additional       Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioners on the

          ground that petitioner nos. 1, 2, 3 and 5 carries three criminal

          antecedents and petitioner no. 4 carries two criminal antecedents

          other than the present one but fairly submits that they are on bail
Patna High Court CR. MISC. No.27780 of 2026(2) dt.27-04-2026
                                            3/4




          in all the pending matters.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioners, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with

          two sureties of the like amount each to the satisfaction of the

          learned Judicial Magistrate 1st Class, Sikharana, Dhaka, East

          Champaran in connection with Chiraiya P.S. Case No. 71 of

          2026, subject to the following conditions:-

                       i. Petitioners shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on their absence on two consecutive dates without sufficient

          reason, their bail bond shall be cancelled by the Court below.

                       ii. If the petitioners tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioners and in case at

          any stage it is found that the petitioners have concealed their

          criminal antecedent, the court below shall take step for

          cancellation of bail bond of the petitioners. However, the

          acceptance of bail bonds in terms of the above-mentioned order
            Patna High Court CR. MISC. No.27780 of 2026(2) dt.27-04-2026
                                                        4/4




                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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