Patna High Court
Debu Rai @ Dev Chandra RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail may be granted to the petitioner despite the serious nature of the charges, considering his age, health and the lack of case diary.
Summary
Debu Rai, a 70‑year‑old accused in a 1996 case involving offences under Sections 447, 364, 5111, 307, 120B, 302 of the IPC and Section 27 of the Arms Act, had been in custody since 21‑08‑2025. The petitioner sought regular bail, arguing that he was only a suspect, his advanced age and health warranted release, and the case diary was unavailable. The court examined whether bail could be granted despite the seriousness of the charges. Considering the petitioner’s age, health, the lack of a case diary and the principle of bail, the court allowed the regular bail application. The bail was conditioned on personal appearance until framing of charge and regular appearance thereafter, with a bond of Rs.10,000 and two sureties of equal amount.
Issues considered
- Whether regular bail can be granted to an accused of serious offences such as murder, attempt to murder and armed robbery, considering his age, health and the unavailability of the case diary.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 302, 307, 364, 447, 5111
Subjects
- regular bail
- IPC offences
- Arms Act
- age and health considerations
- high court bail order
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81846 of 2025
Arising Out of PS. Case No.-342 Year-1996 Thana- TAJPUR District- Samastipur
======================================================
Debu Rai @ Dev Chandra Rai S/OLate Prayag Rai R/O Village- Waini, P.O-
Chakle, P.S- Waini, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Advocate
Mr. Abhay Kumar
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 25-03-2026 Heard the learned Senior counsel for the petitioner
and learned APP for the State.
2. The petitioner seeks regular bail in connection with
Tajpur P.S. Case No. 342 of 1996 registered for the offence
under Section(s) 447, 364, 5111, 307, 120B, 302 of the Indian
Penal Code and Section 27of the Arms Act.
3. The allegation against the unknown criminals is of
having fired upon the deceased. Subsequently, during the
investigation, the name of the petitioner has come but from the
impugned order it appears that the case diary etc., is not
available.
4. The petitioner is only suspected of having
participated in the crime. He is now 70 years old and is in
Patna High Court CR. MISC. No.81846 of 2025(5) dt.25-03-2026
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custody since 21.08.2025.
5. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
6. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Tajpur P.S. Case
No. 342 of 1996 subject to conditions that:-
(I). Till the framing of charge, the
petitioner shall appear physically in the trial
and after framing of charge, the petitioner
shall appear in the trial regularly either
personally or through his lawyer and shall
cooperate in the trial and non-cooperation
in the trial shall result in cancellation of the
bail bond of the petitioner.
(Sandeep Kumar, J)
Shishir/-
U
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