Patna High Court
Anish RaiversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail, holding that the petitioner’s alleged involvement in the double murder and conspiracy warranted the dismissal of the bail application.
Summary
Anish Rai was charged under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act for allegedly participating in a double murder in Chapra, Saran. The petitioner applied for regular bail, claiming false implication and no incriminating articles were found on him, while noting he is already on bail in two other cases. The prosecution opposed bail, alleging that Rai supplied a pistol and was part of the conspiracy to commit the murders. The court examined the seriousness of the alleged offences and the alleged role of the petitioner in the execution of the crime. Concluding that the petitioner was involved in the commission of a double murder, the court refused bail and dismissed the application.
Issues considered
- Whether bail should be granted to a person accused of murder and conspiracy under Sections 302/34 IPC and Section 27 Arms Act
- Whether the alleged involvement in supplying a weapon and participation in the crime justifies denial of bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- conspiracy
- Arms Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70397 of 2025
Arising Out of PS. Case No.-336 Year-2024 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Anish Rai Son of Sanjay Kumar R/o Mohalla - Rauza Pokhra, P.S. - Chapra
Town, Dist. - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Rajani Kumari, Advocate
For the Opposite Party/s : Mr.Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 19-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Chapra Muffasil P.S. Case No. 336/2024 registered for the
offences punishable under Sections 302/34 of I.P.C. and Section
27 of Arms Act.
3. As per the prosecution case, two persons were shot
and killed by the named accused persons.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. No
incriminating articles has been recovered from his possession.
Learned counsel further submits that he has two criminal
antecedents in which he is on bail and he is in custody since
23.01.2025. The petitioner undertakes to co-operate in the case/
Patna High Court CR. MISC. No.70397 of 2025(5) dt.19-03-2026
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trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner on the ground that during
investigation it has come that the petitioner had provided pistol
etc. for committing the crime and the petitioner was a part of the
conspiracy.
6. Considering the fact that the petitioner is involved
in the completion and execution of double murder, this Court is
not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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