Patna High Court
Ram Rai @ Ramashankar Rai @ Rama RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioners, subject to bail bond, sureties and statutory conditions.
Summary
The petitioners, residents of Paharpur West village, sought anticipatory bail after learning that they might be arrested in a case registered under Sections 121, 121(1), 132, 74, 76, 109, 352, 351(2) and 61(2) of the Bihar Negotiable Substances Act. They contended that they have clean antecedents (except one petitioner with a prior case) and were falsely implicated by an informant who alleged that a raid on Nawal Rai's house led to a mob attack on police, during which the petitioners, merely present as witnesses, were named. The State opposed the bail, arguing the seriousness of the offences. The court examined the petitioners' background, the nature of the allegations, and the statutory provisions governing anticipatory bail. It ordered that, if arrested or surrendered within six weeks, the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in view of the allegations and their antecedents.
Legislation cited
- Bihar Negotiable Substances Act — s. 109, 121, 121(1), 132, 351(2), 352, 61(2), 74, 76
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- false implication
- Criminal Procedure Code
- Bihar Negotiable Substances Act
- bail bond
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33989 of 2026
Arising Out of PS. Case No.-12 Year-2026 Thana- JURAWANPUR District- Vaishali
======================================================
1. Ram Rai @ Ramashankar Rai @ Rama Rai S/O Late Mosadi Rai @
Moswadi Rai R/O Village- Paharpur West, P.S.- Jurawanpur, Distt.- Vaishali.
2. Sanni Kumar S/O Nawal Rai @ Nobal Rai R/O Village- Paharpur West,
P.S.- Jurawanpur, Distt.- Vaishali.
3. Vikram Rai @ Vikram Kumar S/O Uma Rai @ Umashankar Rai R/O
Village- Paharpur West, P.S.- Jurawanpur, Distt.- Vaishali.
4. Mukesh Rai S/O Jugesar Rai @ Jugeshwar Rai R/O Village- Paharpur West,
P.S.- Jurawanpur, Distt.- Vaishali.
5. Maya Kumari D/O Nawal Rai R/O Village- Paharpur West, P.S.-
Jurawanpur, Distt.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Bela Singh, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 25-06-2026 1. Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 121, 121(1),
132, 74, 76, 109, 352, 351(2) and 61(2) of the BNS.
3. Learned counsel for the petitioners submits that
petitioners no. 1, 2, 4 and 5 are persons with clean antecedent,
petitioner no. 3 has antecedent of one case and petitioner no. 5 is a
woman and the informant alleges that on 19.01.2026 based on the
secret information, the house of Nawal Rai was raided and Sonu
Kumar along with Bijali Rai were caught but then a mob gathered
Patna High Court CR. MISC. No.33989 of 2026(3) dt.25-06-2026
2/2
and attacked the police force and the apprehended accused were
freed.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by the
informant. It is further submitted that petitioners are not related to
Sonu Kumar and Bijali Rai but then being resident of the same
village, out of inquisitiveness, they came at the place of occurrence to
witness the ruckus when they came to be implicated in the instant
case at the instance of the Chawkidar.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioners, let the petitioners,
above-named, in the event of their arrest or surrender within a period
of six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs.10,000/- (Rupees One Thousand) each
with two sureties of the like amount each to the satisfaction of the
learned Trial Court where the case is pending/Successor Court in
connection with Jurawanpur P.S. Case No. 12 of 2026, subject to the
conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of
the B.N.S.S.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.