Patna High Court
Sipahi RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted anticipatory bail to the petitioners subject to statutory conditions.
Summary
The petitioners, a group of individuals from Habaspurdera village, sought anticipatory bail fearing arrest in connection with FIR No.71 of 2024 alleging offences under multiple sections of the Bihar Negotiable Instruments Act, 2023, including assault and extortion. The prosecution alleged that the petitioners, along with others, had come armed, demanded Rs.2,00,000, and assaulted the complainant. The petitioners contended they have a clean antecedent, the FIR is fabricated, and no specific allegation of assault is directed at them, noting that co‑accused have already been granted anticipatory bail. The State opposed the bail. The court observed the lack of specific allegations against the petitioners, their clean record, and the precedent of bail to co‑accused, and consequently granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023. The bail order required a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the allegations in FIR No.71 of 2024.
- Whether the petitioners have any specific involvement in the alleged assault and extortion offences.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Criminal Procedure Code
- Bihar Negotiable Instruments Act
- false FIR
- land dispute
- clean antecedent
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53006 of 2025
Arising Out of PS. Case No.-71 Year-2024 Thana- AKILPUR District- Saran
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1. Sipahi Rai S/o Shri Harvansh Rai @ Haribansh Ray
2. Dinesh Rai S/o Shri Harvansh Rai@ Haribansh Ray
3. Radhe Shyam Rai @ Radha Rai S/o Raghu Rai
4. Ramlakhan Rai @ Lakhan Rai S/o Shivnath Rai
5. Nirekhan Rai S/o Late Shivpujan Rai
6. Surendra Rai @ Rurendra Rao S/o Late Dashrath Rai
7. Booti Rai @ Bhooti Lal @ Bhooti Lal S/o Shri Harvansh Rai @ Harbansh
Ray
8. Rakesh Kumar @ Rakesh Rai S/o Raghu Rai
9. Birbal Rai S/o Ramanand Rai
10. Bachchu Rai S/o Shri Harvansh Rai @ Harbansh Ray
11. Manish Kumar @ Vakil Rai S/o Late Ganesh Rai
All R/o vill - Habaspurdera, P.S.- Shahpur, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Shekhar, Advocate
For the Opposite Party/s : Mr.Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 09-01-2026 Heard Mr.Raj Shekhar, learned counsel for the
petitioners and Mr.Syed Ehteshamuddin, learned Additional
Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with G.R.No.10874/2024 corresponding to Akilpur
P.S.Case No.71 of 2024, FIR dated 09.11.2024 registered for the
offences punishable under Sections 191(2), 191(3), 190, 126(2),
Patna High Court CR. MISC. No.53006 of 2025(5) dt.09-01-2026
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115(2), 118(1), 109, 308(5), 308(4), 324(4), &(5), 329(3), 352,
351(2) & (3) of BNS, 2023.
3. The prosecution case, in short, is that the informant
has alleged that on 09.11.2024, Vakil Rai and other accused
came armed with weapons and demanded Rs.2,00,000/- from
Harivansh Rai for ploughing the field and said that only then
would they leave the field. You can uproot whatever you want to
uproot. Meanwhile, Ramdhani Rai hit him on the head with the
back part of the spade, Vrinda Rai attacked his brother Deepak
Singh with a stick. All of them beat and injured Golu Kumar.
Later, Jitendra Kumar and Manish Kumar wrapped a towel
around his neck and started pulling him from both sides.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent. The allegation as alleged in
the FIR is false and fabricated and the petitioners have not
committed any offence as alleged in the FIR. From a bare
perusal of the FIR it appears that although the petitioners are
named in the FIR but the specific allegation of assault is
attributed against co-accused persons, namely,Ramdhani Rai @
Ramdhani Kumar, Virda Rai @ Birda
Rai, Jitendra Kumar @ Jitendra Rai and Manish Kumar and co-
accused persons, namely, Ramdhani Rai @ Ramdhani Kumar,
Patna High Court CR. MISC. No.53006 of 2025(5) dt.09-01-2026
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Virda Rai @ Birda Rai and Jitendra Kumar @ Jitendra Rai have
been granted privilege of anticipatory bail by a Coordinate
Bench of this Hon’ble Court vide order dated 07.05.2025 passed
in Cr. Misc. No.27735 of 2025 and it appears from the FIR itself
that due to admitted land dispute the present occurrence had
taken place.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for anticipatory bail of the
petitioners.
6. Considering the aforesaid facts, petitioners have
clean antecedent, there is no specific allegation of any assault
or overt-act attributed against the petitioners in the FIR and co-
accused persons, against whom the direct allegation, have been
granted privilege of anticipatory bail by a Coordinate Bench of
this Hon’ble Court, let the petitioners, above named, in the
event of their arrest or surrender before the court below 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 of learned Judicial Magistrate-1st Class, Saran,
Chapra in connection with G.R.No.10874/2024 corresponding
to Akilpur P.S.Case No.71 of 2024, subject to the conditions as
Patna High Court CR. MISC. No.53006 of 2025(5) dt.09-01-2026
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laid down under Section 438(2) of the Code of Criminal
Procedure/ Section 482(2) of BNSS, 2023 and with other
following conditions:-
(I) Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on their absence on two consecutive dates without sufficient
reason, their bail bonds shall be cancelled by the Court below.
(II) If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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