Patna High Court
Gautam RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 110, 115(2), 126(2), 303(2), 308(3), 3(5), 351(2), 352
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
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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.
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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
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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
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shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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