Patna High Court
Upendra Rai @ Upendra KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
Holding
The Court grants anticipatory bail to the petitioner subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Upendra Rai, was named in an FIR for alleged robbery of milch cows involving multiple IPC offences. He applied for anticipatory bail, claiming innocence and that his inclusion was based merely on suspicion. The prosecution opposed the bail, citing the seriousness of the charges. The Court observed irregularities: the seizure list was not forwarded with the FIR, no copy was given to the accused’s family, and the FIR lacked details of the accused’s parentage, raising doubts about identity. Considering these procedural lapses, the Court granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to cooperation with the investigation and verification of the petitioner’s criminal antecedent.
Issues considered
- Whether anticipatory bail can be granted in a case involving offences under Sections 147, 148, 149, 323, 295, 435, 395 and 353 of the IPC.
- Whether the absence of a seizure list and lack of identity verification in the FIR create sufficient doubt to justify anticipatory bail.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- FIR
- seizure list
- identity of accused
- IPC offences
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8172 of 2026
Arising Out of PS. Case No.-316 Year-2014 Thana- MUZAFFARPUR SADAR District-
Muzaffarpur
======================================================
Upendra Rai @ Upendra Kumar Son of Dinanath Ray Resident of Village
-Nandpuri Bhagwanpur PS -Sadar Distt- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Khushi Awadh, Advocate
For the Opposite Party/s : Mr.Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Sections 147, 148, 149, 323,
295, 435, 395 and 353 of the Indian Penal Code.
3. The prosecution case is brief in that informant
Anirudh Yadav, given a written petition before the Sadar PS
Muzaffarpur stating therein that on 25.07.2014, he along with
other persons carrying a business of the selling of milch cows,
in this regard, they loaded 24 milch cows carrying a truck
bearing Registration No. BRIG-7170 and another truck bearing
Registration No. BRV-5028 loaded on 21 milch cows total 45
milch cows along with their kids of different persons going to
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Supaul Hat. In the meantime, about 9:00 pm when they reached
near Patahi Chowk four persons on two motorcyles on is red
colour bullet motorcylce following them and when they reached
near Anuradha market then, the aforesaid persons along with
other are stopped both truck thereafter they searched to cabin of
the both trucks and they abusing them. Thereafter, they
threatened different way and they looted the aforesaid milch
cows along with their kids. FIR lodged against eighteen named
accused persons and 100 to 132 unknown per sons. During the
investigation, the looted aforesaid two cows recovered from the
petitioner. The petitioner named in FIR and he fully involved in
this occurrence along with other co-accused.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case merely on the basis of suspicion. He further
submits that there is no specific allegation against the petitioner
and the petitioner has two criminal antecedents, as statement
made in para 3 of the bail application.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the fact that F.I.R. was lodged on 25.07.2014 but
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the seizure list was prepared on 26.07.2014 and while sending
the F.I.R. to the Court, the seizure list was not forwarded along
with the same, it creates a suspicion about the authenticity of the
seizure list and also given the fact that there is specific
allegation that no copy of the seizure list was handed over to
any of the family members of the accused person, it appears that
the petitioner has been implicated in the present case on mere
suspicion as not even parentage of the accused persons are not
mentioned in the F.I.R. thereby creating a doubt on the identity
of the named accused person. In such circumstances, I am
inclined to grant privilege of anticipatory bail to the petitioner.
7. Let the petitioner, as named above, in the event of
his arrest or surrender within four weeks from today, be
enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Chief Judicial Magistrate-
9th, Muzaffarpur, in connection with Sadar P.S. Case No. 316 of
2014, subject to the conditions laid down under section 438(2)
of the Code of Criminal Procedure/Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023 and subject to further
condition that :-
(i) the petitioner shall co-operate in the investigation/
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trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioner and in case it is found that
the petitioner has concealed his criminal antecedent, the Court
below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
sanjeev/-
U T
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