Patna High Court
Sipahi RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused as the petitioner was directly implicated in the alleged offences.
Summary
The petitioner, Sipahi Rai, sought anticipatory bail after learning that a FIR (Case No. 82 of 2022) had been lodged against him for murder under Sections 302, 120(B) and 34 of the Indian Penal Code and for an offence under Section 27 of the Arms Act. The FIR alleged that he, along with co‑accused Chandra Shekhar Rai and Sambhu Rai, fired indiscriminately, resulting in the death of the informant's uncle. The petitioner contended that he was falsely implicated due to village politics and maintained a clean antecedent. The State opposed the bail, emphasizing the specific and direct accusation against the petitioner. The Court, after considering the seriousness of the charges and the direct involvement alleged, refused the anticipatory bail application.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case involving alleged murder, conspiracy and illegal possession of arms
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120(B), 302, 34
Subjects
- anticipatory bail
- murder
- conspiracy
- arms act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38286 of 2026
Arising Out of PS. Case No.-82 Year-2022 Thana- MADHAURAH District- Saran
======================================================
Sipahi Rai S/o Bhagwan Rai @ Shree Bhagwan Resident of Village -
Singharia, P.S. - Madhaura, District - Saran At Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nawal Kishore Singh, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Mardhaura P. S.
Case No. 82 of 2022 registered for the offences punishable
under Sections 302, 120(B)/34 of the Indian Penal Code and
Section 27 of the Arms Act.
3. As per F.I.R., this petitioner is assailant of the
deceased. It is alleged that this petitioner along with co-accused
Chandra Shekhar Rai and Sambhu Rai fired indiscriminately as
a result of which, uncle of the informant died.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
has falsely been implicated in this case due to village policits.
Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
Patna High Court CR. MISC. No.38286 of 2026(2) dt.25-06-2026
2/2
the bail application.
6. Considering the fact that there is direct and specific
accusation that this petitioner along with other accused persons
killed the deceased, prayer for anticipatory bail of the petitioner
is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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