Patna High Court
Nago RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The Court granted anticipatory bail to the petitioners subject to prescribed conditions.
Summary
The petitioners, four residents of Naya Tola Mekra, sought anticipatory bail after being implicated in a FIR (Case No. 156 of 2025) for alleged looting of 16 quintals of wheat at gunpoint and assaulting an informant. The prosecution alleged offences under Sections 329(3), 115(2), 119(1), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, but no separate case under the Arms Act was filed. The petitioners contended that the case stemmed from a land dispute, they have clean antecedents, and a co‑accused had already been granted bail. The State opposed the anticipatory bail application. The High Court, applying Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, granted anticipatory bail with a Rs.10,000 bond and specific conditions, including regular appearance before the trial court and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
- Whether the nature of the alleged offences and the absence of an Arms Act case justify denial of bail.
- Whether the prior grant of bail to a co‑accused influences the decision on anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 119(1), 329(3), 3(5), 351(2), 352
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Criminal Procedure
- Bharatiya Nyaya Sanhita
- Section 438
- Section 482
- Patna High Court
- land dispute
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5096 of 2026
Arising Out of PS. Case No.-156 Year-2025 Thana- MOKAMAH District- Patna
======================================================
1. Nago Rai S/o Baleshwar Rai Resident of Village- Naya Tola Mekra, P.S.-
Mokama, District- Patna
2. Machhu Rai S/o Shiv Charan Rai Resident of Village- Naya Tola Mekra,
P.S.- Mokama, District- Patna
3. Lalin Rai @ Ram Laulin Rai S/o Late Satyanarayan Rai Resident of Village-
Naya Tola Mekra, P.S.- Mokama, District- Patna
4. Subodh Rai S/o Bhajju Rai Resident of Village- Naya Tola Mekra, P.S.-
Mokama, District- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prem Ranjan Kumar, Advocate
For the Opposite Party/s : Mr. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 17-02-2026 Heard the learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The petitioners are apprehended their arrest in
connection with Mokama P.S. Case No. 156 of 2025, F.I.R dated
05.04.2025 registered for the offences punishable under
Sections 329(3), 115(2), 119(1), 352, 351(2), 3(5) of Bharatiya
Nyaya Sanhita, 2023.
3. According to prosecution case, on 04.04.2025 at 12
‘o’ Clock night, the accused persons have looted sacks of wheat
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which is weight about 16 quintals at gun point. It is further
alleged that all accused persons fired and created havoc and
assaulted the informant and threatened them.
4. Learned counsel for the petitioners submits that for
an existing land dispute, the instant case is said to have been
lodged making an allegation of looting sacks of wheat to the
tune of 16 quintals at gunpoint, whereas, in the First Information
Report no case has been registered under the Arms Act. It is next
submitted that the petitioners have clean antecedent. It is next
submitted that co-accused has already granted bail by the Co-
ordinate Bench of this Court vide order dated 04.02.2026 passed
in Cr. Misc. No. 6682 of 2026.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances,
accordingly, this Court is inclined to grant the privilege of
anticipatory bail to the petitioners.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the trial Court within a period of
thirty days from the date of receipt of the order, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
each with two sureties of the like amount each to the satisfaction
Patna High Court CR. MISC. No.5096 of 2026(2) dt.17-02-2026
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of the learned A.C.J.M, III or his successor, Barh, District-Patna
in connection with Mokama P.S. Case No. 156 of 2025, subject
to the conditions as laid down under Section 438(2) of the Code
of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
(i) One of the bailors should be the family
member/relative of the petitioner(s) who shall provide official
document to show his/her bona fide;
(ii) The petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) The petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) The petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds
(Ramesh Chand Malviya, J)
Mayank/-
U T
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