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Patna High Court

Bipat RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner with conditions under Section 438(2) CrPC.

Summary

Bipat Rai, the petitioner, feared arrest in a case under Sections 25(1‑b)a, 26 and 35 of the Arms Act after a co‑accused, Ajay Rai, was caught with a country‑made pistol and named him in his statement. No weapon or other incriminating material was recovered from the petitioner’s possession. He applied for anticipatory bail, arguing that the only basis for his implication was the co‑accused’s testimony and his prior criminal record. The State opposed the bail on the ground of the petitioner’s antecedents. The High Court, considering the lack of direct evidence against the petitioner and the procedural safeguards, granted anticipatory bail subject to strict conditions under Section 438(2) of the Criminal Procedure Code.

Issues considered

  • Whether anticipatory bail can be granted when the petitioner is named only by a co‑accused and no material has been seized from him.
  • Whether the petitioner’s criminal antecedent precludes the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Arms Act
  • Section 438 CrPC
  • criminal antecedent
  • bail conditions
  • police investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.686 of 2026
                    Arising Out of PS. Case No.-165 Year-2025 Thana- MOHANPUR District- Samastipur
                 ======================================================
                 Bipat Rai S/O Doman Rai R/O Village- Hardaspur, P.S- Mohanpur, Distt.-
                 Samastipur, Bihar.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Jyoti Prasad, Adv.
                 For the Opposite Party/s :       Mr. Mithlesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   04-02-2026                  Heard Ms. Jyoti Prasad, learned Counsel for the

                   petitioner and learned APP for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Mohanpur P.S. Case No. 165 of 2025 for the offence

                   registered under sections 25(1-b)a, 26, 35 of the Arms Act.

                                3. As per the prosecution story, the Police upon secret

                   information, caught hold of Ajay Rai and recovered/seized

                   country made pistol. He gave the name of the person who

                   escaped, this included the petitioner. The Police thereafter,

                   lodged the FIR.

                                4. Learned Counsel for the petitioner submits that

                   only because of criminal antecedent, he has been implicated,

                   nothing has been recovered from his conscious possession and

                   only he has been named by the accused who was apprehended.
Patna High Court CR. MISC. No.686 of 2026(2) dt.04-02-2026
                                            2/3




                       5. Learned APP for the State, on the other hand,

          opposes the prayer for anticipatory bail submitting that he has

          criminal antecedent.

                       6. Considering the submissions of the parties as also

          that the name of the petitioner has cropped up in the statement

          before the Police by the accused apprehended, FIR is there, he

          shall be facing the music, in that background, this Court is

          inclined to grant him the anticipatory bail with conditions.

                       7. Let the petitioner in the event of arrest or surrender

          within a period of four weeks from the date of receipt of the

          order, shall be released on anticipatory bail on furnishing bail of

          Rs. 10,000/- (ten thousand) each with two sureties of the like

          amount each to the satisfaction of the learned CJM, Samastipur

          in connection with Mohanpur P.S. Case No. 165 of 2025 subject

          to condition as laid down under Section 438(2) of the Cr.P.C.

                       (i) one of the bailor should be the family

          members/relatives of the petitioner, who shall provide official

          document (Aadhar Card, PAN Card, Driving License, Voter ID)

          to show his bona fide;

                       (ii) the petitioner 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 bail
           Patna High Court CR. MISC. No.686 of 2026(2) dt.04-02-2026
                                                       3/3




                     bond by the Trial court itself;

                                  (iii) the petitioner shall appear before the concerned

                     police station every month for next one year to mark attendance

                     and at the end of the period, the certificate be submitted to the

                     Court;

                                  (iv) the petitioner 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;

                                  (v) the petitioner shall desist from committing any

                     criminal offence again failing which the State shall be at liberty

                     to take steps for cancellation of the bail bonds.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U      T


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