Patna High Court
Brijnandan Rai @ RockyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The High Court granted bail to the petitioner.
Summary
The petitioner, Brijnandan Rai, father of two co-accused, was arrested in connection with a bomb‑throwing incident and charged under several IPC sections (147, 148, 149, 341, 323, 324, 207) and Sections 3 and 4 of the Explosive Substances Act. He sought regular bail, contending his clean antecedent and that the co‑accused, who were directly implicated in throwing the bomb, had already been granted bail by the lower court. The State opposed the bail application. The High Court, noting the petitioner’s age, clean record, and the bail already granted to the co‑accused, allowed the bail application, directing release on a bond of Rs. 10,000 with two sureties, subject to charge framing. The Court clarified that its order is limited to bail and does not prejudice the merits of the trial.
Issues considered
- Whether the petitioner is entitled to bail despite being named in the FIR for offences involving bomb‑throwing.
- Whether the clean antecedent and the bail granted to co‑accused affect the bail decision.
Legislation cited
- Explosive Substances Act — s. 3, 4
- Indian Penal Code — s. 147, 148, 149, 207, 323, 324, 341
Subjects
- bail
- Indian Penal Code
- Explosive Substances Act
- clean antecedent
- co‑accused
- Patna High Court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45669 of 2026
Arising Out of PS. Case No.-141 Year-2021 Thana- PIRBAHOR District- Patna
======================================================
Brijnandan Rai @ Rocky S/o Babulal Rai R/o Village - Naya Gao, P.S -
Pirbahore, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jay Ram Prasad, Advocate
For the State : Mr.Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Pirbahore P.S. Case No. 141 of 2021 registered for the offence
punishable under Sections 147, 148, 149, 341, 323, 324 and 207
of the Indian Penal Code and Section 3/4 of the Explosive
Substance Act.
3. As per the prosecution case, the petitioner and
others are said to have thrown bomb during a fight.
4. From the FIR, it appears that the co-accused
Raushan @ Sadhu @ Shankar, who is the son of the petitioner
and Bikka have thrown bomb. The petitioner has been named in
the FIR. Learned counsel submits that the present petitioner is
the father of the co-accused aushan @ Sadhu @ Shankar and he
Patna High Court CR. MISC. No.45669 of 2026(2) dt.09-07-2026
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is 60 years old having clean antecedent. He further submits that
the aforesaid two co-accused persons, who are alleged to have
thrown bomb have been granted bail by the Court below itself.
The petitioner is in custody since 23.04.2026 having clean
antecedent.
5. Learned APP appearing for the State opposes the
prayer for regular bail of the petitioner.
6. Considering the fact that the petitioner is the father
of co-accused against whom the specific allegation of throwing
bomb was made and who has already been granted bail by the
Court below together with the fact that he has clean antecedent,
this application is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail, after framing of charge if charge has not
already been framed, on furnishing bail bonds of Rs. 10,000/-
(ten thousand) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate, 1st Class, 16,
Patna/ concerned Court below in connection with Pirbahore P.S.
Case No. 141 of 2021.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
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any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P .Kumar
U T
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