Patna High Court
Awadhesh Rai @ Awadhesh Kumar RayversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that, in the absence of specific allegations of the petitioner’s involvement in the shooting and considering the precedent of bail to co‑accused, bail should be granted.
Summary
Awadhesh Rai applied for bail in a case where he was charged under Sections 302, 120(B), 34 of the IPC and Section 27 of the Arms Act for the alleged murder of the informant's son. The prosecution’s FIR states that co‑accused Upendra Rai restrained the victim while Tunna Kumar shot him dead, with no direct allegation of firing by the petitioner. The petitioner contended that he was merely a member of the mob, had no role in the shooting, possessed no criminal antecedents, and that similarly situated co‑accused had previously been granted bail. The State opposed the bail on the seriousness of the offences. After hearing both sides, the Court found insufficient grounds to deny bail and ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties. The order effectively disposes of the bail application in favour of the petitioner.
Issues considered
- Whether bail can be granted to an accused of murder, conspiracy and arms offences when the FIR does not expressly allege his participation in the shooting.
- Whether the petitioner’s lack of prior criminal record and the precedent of bail granted to co‑accused justify release on bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120(B), 302, 34
Subjects
- bail
- murder
- conspiracy
- IPC
- Arms Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31376 of 2026
Arising Out of PS. Case No.-94 Year-2024 Thana- NEORA District- Patna
======================================================
Awadhesh Rai @ Awadhesh Kumar Ray S/o Late Lala Rai R/o Village -
Taranpur, PS - Gaurichak, District - Patna at present Village - Varuna, P.S -
Gaurichak, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satyapal Singh, Advocate.
For the Opposite Party/s : Mrs. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 19-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail registered for the
offence punishable under Sections 302, 120(B) and 34 of the
Indian Penal Code and Section 27 of the Arms Act.
3. The case of the prosecution is that the son of the
informant, namely, Amlesh Kumar @ Rakesh Kumar was called
by someone for some work. When the son of the informant
reached there, Upendra Rai caught hold him and Tunna Kumar
shot him dead. Accordingly, the FIR.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.31376 of 2026(2) dt.19-06-2026
2/3
case. He also submits that the name of this petitioner is though
there in the FIR but the role which is attributed to the petitioner
is that he was involved in the conspiracy. He further submits
that as per the allegation, co-accused Upendra Rai caught hold
the son of the informant and another co-accused Tunna Kumar
fired upon him and he died. He further submits that it appears
from the FIR that there is no allegation of firing against the
petitioner and at best the petitioner is the member of mob. He
further submits that similarly situated co-accused persons have
already been granted bail by the learned coordinate Benches of
this Court as well as from this Court vide Cr. Misc. No. 64791
of 2025. Moreover, a statement has been made in para 3 of the
petition that petitioner has no criminal antecedent and he is
languishing in judicial custody since 19.12.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.31376 of 2026(2) dt.19-06-2026
3/3
A.C.J.M.-VI, Danapur in connection with Neora P.S. Case No.
94 of 2024.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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