Patna High Court
Harendra RaiversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- KHATIM REZA
Holding
Bail was denied to the petitioner.
Summary
Harendra Rai applied for bail in a case stemming from a 2019 incident in Jurawanpur where he was alleged, along with co‑accused Sanjiv Singh, to have fired on the father of an informant, resulting in death. The charges include offences under IPC sections 341, 323, 324, 307/34, later amended to include section 302, and section 27 of the Arms Act. The petitioner contended that he was innocent, that the victim was part of a criminal gang and that his implication was due to village politics, and he highlighted that the charge sheet was framed only in August 2025. The State and the informant opposed bail, noting that an earlier anticipatory bail plea had been rejected in 2019 and that the petitioner had evaded the law for about six years. The Court, considering the prolonged evasion and the seriousness of the offences, refused bail and ordered the trial court to expedite the trial within six months. The bail application was dismissed with directions to the trial court.
Issues considered
- Whether bail can be granted to the petitioner despite a six‑year evasion of the legal process
- Whether the seriousness of the offences under the IPC and Arms Act precludes bail
- Impact of the earlier rejection of anticipatory bail on the present bail application
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 307, 323, 324, 34, 341
Subjects
- bail
- criminal procedure
- IPC
- Arms Act
- evading process of law
- political victimisation
- trial expedite
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3040 of 2026
Arising Out of PS. Case No.-4 Year-2019 Thana- JURAWANPUR District- Vaishali
======================================================
Harendra Rai, aged about 45 years (M), S/o Balli Rai, resident of village-
Raghopur Purvi, PS- Jurawanpur, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivjee Singh, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
For the Informant : Mr. Sudama Singh, Advocate
Mr. Surendra Kumar Mishra, Advocate
Mr. Shashikant, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner; learned
Additional Public Prosecutor for the State and learned counsel
for the informant, who has appeared suo motu.
2. The petitioner seeks bail in connection with
Sessions Trial No.357 of 2025 arising out of Jurawanpur PS
Case No.04 of 2019 dated 13.01.2019, instituted for the offence
punishable under Sections 341, 323, 324, 307/34 of the Indian
Penal Code and Section 27 of the Arms Act in which Section
302 of the Indian Penal Code was added later on.
3. The allegation against the petitioner is that he and
co-accused Sanjiv Singh @ Bauwa fired upon the father of the
informant leading to his death.
Patna High Court CR. MISC. No.3040 of 2026(3) dt.23-02-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is not involved in the alleged crime. The victim
himself was associated with a criminal gang and he was killed
by his associates but the petitioner has been implicated in this
case due to village politics. Further submission is that charge
has been framed on 19.08.2025.
5. Learned APP as well as learned counsel for the
informant has opposed the prayer for bail. Learned counsel for
the informant submits that prayer of the petitioner for grant of
anticipatory bail was rejected by a co-ordinate Bench of this
Court on 07.11.2019 passed in Cr. Misc. No.70317 of 2019 and
since then the petitioner was absconding. Due to absence of the
petitioner, his case was separated vide Sessions Trial No.357 of
2025, from the accused, who were facing trial.
6. Considering the fact that the petitioner evaded the
process of law for about six years, I am not inclined to enlarge
the petitioner on bail for the present.
7. Accordingly, prayer of the petitioner for grant of
bail is rejected at this stage.
8. The learned trial Court is directed to expedite the
trial and conclude the same as early as possible, preferably,
within a period of six months from the date of
Patna High Court CR. MISC. No.3040 of 2026(3) dt.23-02-2026
3/3
receipt/production of a copy of this order even by fixing the
case on day to day basis if necessary. Since the informant has
appeared through his counsel in this application suo motu, it is
expected that the informant will co-operate with the trial Court
in order to conclude the trial within the stipulated time.
9. The application stands dismissed with the aforesaid
direction/observation.
(Khatim Reza, J)
J. Alam/-
U T
Checking your session…