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Patna High Court

Ram Rai @ Ramashankar Rai @ Rama RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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


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