Patna High Court
Harendra Rai @ Harendra RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioner, finding insufficient grounds to deny pre‑trial liberty.
Summary
Harendra Rai was arrested in connection with a gruesome murder case involving three victims whose bodies were allegedly dismembered and dumped in a river, under Sections 302, 307, 120‑B of the IPC and Section 27 of the Arms Act. The petitioner contended that he was falsely implicated due to political rivalry, noting the absence of any eye‑witness and that the FIR was a general, omnibus allegation against 21 persons. The State opposed his bail, arguing the seriousness of the offences. The court examined the lack of direct evidence and the fact that a co‑accused had already been granted bail in a similar case. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties, satisfying the Additional Sessions Judge‑IV, Vaishali.
Issues considered
- Whether the petitioner is entitled to bail despite the grave nature of the charges under the IPC and Arms Act.
- Whether the lack of eye‑witness testimony and the omnibus nature of the FIR justify granting bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120-B, 302, 307
Subjects
- bail
- murder
- IPC
- Arms Act
- political rivalry
- omnibus FIR
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8083 of 2026
Arising Out of PS. Case No.-126 Year-2019 Thana- RAGHOPUR District- Vaishali
======================================================
Harendra Rai @ Harendra Ray S/O Late Mangal Ray R/O Vill.- Sukumarpur,
P.S.- Raghopur Rustampur O.P., District Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravish Mishra, Advocate
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State .
2. The petitioner seeks bail in a case registered for
offence under Sections 302, 307, 120-B & other allied sections
of the Indian Penal Code and Section 27 of the Arms Act.
3 . As per prosecution case , three persons namely
Sanjivan Rai, Chanarik Rai and Putul Rai were killed by slitting
them in pieces and their bodies were thrown in the river.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in this case due to
political rivalry . There is no eye-witness to the alleged
commission of murder. Altogether 21 persons including this
petitioner have been named in the F.I.R. Allegation is general
and omnibus against this petitioner. It is further submitted that
Patna High Court CR. MISC. No.8083 of 2026(2) dt.16-02-2026
2/2
recount of each fact in “mathematical details” by an eye-witness
of a group attack, which lasted for few seconds, is highly
improbable and difficult to digest. Similarly situated co-accused
Sanjiv Rai has already been granted bail by this Hon’ble Court
vide order dated 04.04.2025 in Cr. Misc. No. 70308 of 2024 .
Petitioner is in custody since 17.12.2025 . Chargesheet has
been submitted.
5. Learned A.P.P. for the State vehemently opposed
the bail petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioner be released on bail on furnishing
bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Additional
session Judge – IV Vaishali at Hajipur in connection with
Raghopur P.S. Case No. 126 of 2019, corresponding to Sessions
Trial No. 397 of 2023 (A) .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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