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Patna High Court

Sipahi RaiversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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