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Patna High Court

Bhikhari RaiversusThe State Of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the petitioner’s involvement in a serious murder case warranted denial of bail.

Summary

The petitioner, Bhikhari Rai, sought anticipatory bail in a murder case (Sections 302/34 IPC and Section 27 Arms Act) filed in 2022, alleging he has no criminal antecedents. The FIR, lodged by the victim's father, named the petitioner among the accused in the murder of his son. The petitioner argued that the delay of three and a half years in approaching the court should not prejudice his bail request. The State opposed, emphasizing the seriousness of the charges and the lapse in time. The court considered the presence of the petitioner’s name in the FIR and the nature of the offences, and concluded that bail was not appropriate, thereby rejecting the anticipatory bail application.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a murder case under Sections 302/34 IPC and Section 27 Arms Act.

Legislation cited

Subjects

  • anticipatory bail
  • murder
  • IPC
  • Arms Act
  • criminal procedure
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7109 of 2026
                    Arising Out of PS. Case No.-257 Year-2022 Thana- CHHAURADANO District- East
                                                       Champaran
                 ======================================================
                 Bhikhari Rai S/O Ramayodhya Rai R/O Vill.- Fulwariya, P.s.- Kalaiya,
                 District- Bara, Nepal

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Rajesh Kumar, Advocate
                 For the Opposite Party/s :     Mr.Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   17-02-2026                  Heard the parties.

                                2. The petitioner is apprehending arrest in connection

                   with Chhauradano (Mahuwa) P.S. Case No. 257 of 2022

                   instituted under Sections 302/34 of the Indian Penal Code and

                   27 of the Arms Act lodged on 30.07.2022 by the informant,

                   Chetnanand Kumar Singh.

                                3. As per the prosecution story, the allegation in the

                   FIR shows that on getting a telephonic call, his son went outside

                   and informed that he is going for a dinner party. As he failed to

                   return, next day came the news about his murder. The informant

                   gave the names of the accused whose role he expected in the

                   murder of his son, the petitioner included. This led to the FIR.

                                4. Learned counsel for the petitioner submits that he
             Patna High Court CR. MISC. No.7109 of 2026(2) dt.17-02-2026
                                                         2/2




                       do not have criminal antecedent and has been implicated in this

                       case.

                                    5. Learned APP on the other hand opposes the prayer

                       submitting that the matter is of the year 2022, the petitioner was

                       named in the FIR but chose three and half years to knock the

                       doors of the Court.

                                    6. Considering the submissions of the parties as also

                       the fact that his name is there in the case of murder of the son of

                       the informant and the matter is of the year 2022, it would be

                       appropriate that he seek bail.

                                    7. The anticipatory bail application stands rejected.




                                                      (Rajiv Roy, J)
Ravi/-

U        T


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