Patna High Court
Baldeo RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Baldeo Rai was arrested in connection with a 2001 case involving alleged assault, firing of weapons, and the death of a victim, charged under several sections of the Indian Penal Code and the Arms Act. The petitioner contended that he was merely an order‑giver, had no incriminating material against him, and was not specifically alleged to have fired any weapon, also noting his lack of prior criminal record. The State opposed bail, citing the seriousness of the offences. The court, considering the length of custody already served and the absence of direct evidence linking the petitioner to the firing, decided to grant bail with monetary surety and several conditions, including appearance at trial and restriction on travel. The bail order was conditioned on compliance with these terms and allowed for cancellation upon default.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences charged under the IPC and Arms Act.
- Whether the evidence on record sufficiently links the petitioner to the alleged firing and murder to justify denial of bail.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or committing similar offences if released on bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 302, 307, 379, 385
Subjects
- bail
- Indian Penal Code
- Arms Act
- criminal procedure
- serious offences
- court conditions
- custody
- evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59573 of 2025
Arising Out of PS. Case No.-140 Year-2001 Thana- BAKHTIYARPUR District- Patna
======================================================
Baldeo Rai Son of Late Ras Bihari Rai Resident of village - Chiraiya, P.S.-
Bakhtiyarpur, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Praveen Prakash, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 16-01-2026 Heard learned counsel for the petitioner, learned
APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with
Bakhtiyarpur P.S. Case No. 140 of 2001, instituted for the
offences punishable under Sections 147, 148m 149, 379, 307,
302, 385 of the Indian Penal Code and Section 27 of the Arms
Act.
3. The prosecution case, in short, is that the petitioner
along with other co-accused persons armed with gun and bhala,
entered the Atta Chakki mill and started abusing and assaulting
the informant. It is further alleged that co-accused Arjun Rai
fired upon the informant due to which he sustained injuries on
his right leg, whereas co-accused Nawal Rai fired upon Jawahar
Patna High Court CR. MISC. No.59573 of 2025(4) dt.16-01-2026
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Rai due to which he sustained injuries and later on, died in
course of treatment.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case. No
incriminating material has been recovered from the conscious
possession of the petitioner. Learned counsel for the petitioner
also submits that no specific allegation of firing has been
attributed against the petitioner. Name of the petitioner has
transpired in this case as an order giver. Specific allegation of
firing has been attributed against co-accused, namely, Nawal
Rai and Jawahar Rai. The petitioner is in custody since
25.05.2025 and has got no criminal antecedent. Learned counsel
for the petitioner further submits that other co-accused has been
granted regular bail by this Court vide order dated 03.12.2024
passed in Cr. Misc. No. 10320 of 2024.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
Patna High Court CR. MISC. No.59573 of 2025(4) dt.16-01-2026
3/3
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bakhtiyarpur P.S.
Case No. 140 of 2001, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner is found involved in similar
nature of offence in future, the Trial Court will have the liberty
to cancel the bail bonds of the petitioner.
(IV) The petitioner will not leave the territorial
jurisdiction of the Court below without its prior permission for
the same.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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