Patna High Court
Satish Rai @ Satish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court held that, given the petitioner’s prolonged pre‑trial detention, completion of investigation and the fact that the witnesses are officials, regular bail should be granted.
Summary
Satish Rai was arrested in connection with the recovery of allegedly stolen motorcycles and charged under sections 414 read with 34 of the Indian Penal Code. He had earlier obtained anticipatory bail but could not surrender because he was detained in another case, resulting in his continued incarceration since 29‑08‑2025. He applied for regular bail, arguing that the material witnesses are official and his release would not prejudice the prosecution. The State opposed the bail. Considering the length of his custody, the completion of the investigation and the nature of the witnesses, the Court ordered his release on bail with a bond of Rs.20,000 and two sureties of the same amount.
Issues considered
- Whether regular bail should be granted to the petitioner charged under IPC sections 414 and 34 after prolonged pre‑trial detention
- Whether the prior order of anticipatory bail and the petitioner’s inability to surrender affect the grant of regular bail
Legislation cited
- Indian Penal Code — s. 34, 414
Subjects
- regular bail
- anticipatory bail
- IPC 414
- IPC 34
- theft
- motorcycle theft
- pre‑trial detention
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88844 of 2025
Arising Out of PS. Case No.-63 Year-2020 Thana- RAGHOPUR District- Vaishali
======================================================
Satish Rai @ Satish Kumar, S/o Raj Kumar Rai @ Rajkumar Ray, R/O Vill.-
Sukumarpur, P.S.- Raghopur, Distt.- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Y.C. Verma, Sr. Adv.
Ms. Priyanka Singh, Adv.
For the Opposite Party/s : Ms. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-01-2026 Heard learned senior counsel for the petitioner and
learned APP for the State.
2. Petitioner seeks regular bail in connection with
Raghopur (Rustampur O.P.) P.S. Case No. 63 of 2020 registered
for the offence punishable under sections 414 read with section
34 of the Indian Penal Code.
3. Learned senior counsel appearing for the petitioner
submits that the alleged occurrence relates to the recovery of
several motorcycles suspected to be stolen and the petitioner is
simply suspected to be involved in the alleged crime and earlier
he came before this Court for anticipatory bail by filing Cr. Misc.
No. 4270/2023 and his prayer was allowed by giving him a
direction to surrender before the trial court within six weeks from
Patna High Court CR. MISC. No.88844 of 2025(2) dt.12-01-2026
2/2
the date of that order but he could not surrender on account of
being in custody in another case, so, he could not avail that
remedy and now he has suffered a lot as he has been languishing
in jail since 29.08.2025 and the material witnesses, who are to be
examined in the trial of the petitioner, are official witnesses, so,
the release of the petitioner will not affect the prosecution in any
manner at this stage.
4. Learned APP for the State has opposed the prayer of
the petitioner.
5. Considering the above submissions, averments
made in this application and mainly taking into account the
petitioner’s custody period coupled with completion of
investigation against him, this Court is inclined to release him on
bail. Accordingly, let the petitioner named-above be released on
bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty
Thousand) with two sureties of the like amount each to the
satisfaction of the court concerned in connection with Raghopur
(Rustampur O.P.) P.S. Case No. 63 of 2020.
(Shailendra Singh, J)
annu/-
U T
Checking your session…