Patna High Court
Bipat RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Arms Act — s. 25(1‑b)a, 26, 35
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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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