Patna High Court
Bhagwan Rai @ Bhagyanarayan RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner, subject to strict conditions.
Summary
Petitioner Bhagwan Rai sought anticipatory bail after being implicated in a case (Ramgarhwa PS Case No. 259 of 2025) for alleged fraud and intimidation under sections 316(2), 318(4), 351(2) and 3(5) of the Bihar Negotiable Instruments Act. The informant claimed that the petitioner’s son, Amit Kumar Rai, took Rs. 6.40 lakh on a false promise of employment and later threatened the informant when he demanded the money back. The petitioner argued that he had no role in the alleged offence, has no criminal antecedent, and is being implicated solely because of his relationship with his son. The State contended that both the petitioner and his son threatened the informant. Considering that the main allegation is against the son and the petitioner’s clean record, the Court granted anticipatory bail with a set of conditions, including a bail bond, sureties, and compliance with procedural requirements. The order directs that the petitioner be released on bail if arrested or surrenders within four weeks, subject to the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to Bhagwan Rai despite allegations of fraud and intimidation.
- Whether the petitioner can be held liable for the alleged offences committed by his son.
- Whether the conditions imposed are sufficient to safeguard the investigation and trial.
Legislation cited
- Bihar Negotiable Instruments Act — s. 316(2), 318(4), 3(5), 351(2)
Subjects
- anticipatory bail
- fraud
- intimidation
- Bihar Negotiable Instruments Act
- criminal procedure
- father-son liability
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75486 of 2025
Arising Out of PS. Case No.-259 Year-2025 Thana- RAMGARHWA District- East
Champaran
======================================================
Bhagwan Rai @ Bhagyanarayan Rai S/o Gaya Rai R/o Village- Satpipra
Bhumihar Tola, P.S.- Ramgarhwa, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar II, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 25-02-2026 Heard Mr. Dhananjay Kumar No. II, learned counsel
for the petitioner and the State.
2. The petitioner is apprehending his arrest in
connection with Ramgarhwa P.S. Case No. 259 of 2025 for the
offence under sections 316(2), 318(4), 351(2) and 3(5) of the
BNS lodged on 13.07.2025 by the informant, Mukesh Kumar.
3. As per the prosecution story, the informant alleged
that the accused persons, on the pretext of giving job, took away
Rs. 6,40,000/- but thereafter, stopped picking up the phone and
when he wanted to get the money back, both the petitioner and
his son threatened him of dire consequences. This led to the
FIR.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.75486 of 2025(3) dt.25-02-2026
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admittedly the role of taking money is on his son, he has no role
to play, has no criminal antecedent and only because he is father
of Amit Kumar Rai, got implicated.
5. Learned APP opposes the prayer submitting that
after the informant wanted money back, he alongwith his son,
threatened him of dire consequences.
6. Taking into account the submissions of the parties
as also that main allegation is against Amit Kumar Rai, he has
no criminal antecedent and the amount has gone in the account
of his son, in that background, this Court is inclined to extend
him the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned CJM, Motihari, East Champaran in
connection with Ramgarhwa P.S. Case No. 259 of 2025 subject
to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhaar Card/Voter ID Card/Pan Card/Driving
License) to show his/her bona fide;
Patna High Court CR. MISC. No.75486 of 2025(3) dt.25-02-2026
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(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 bond by the Trial Court itself;
(iii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(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 his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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