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Patna High Court

Kaiser @ Rais KaiserversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted pre‑arrest bail to the petitioner, subject to bond, surety and family‑member conditions.

Summary

The petitioner, Kaiser @ Rais, feared arrest in connection with a criminal case (Thakurganj PS Case No.174 of 2025) involving alleged extortion, robbery and assault on a cattle‑laden truck. The FIR named six accused and 8‑10 unknown persons, but no injury was recorded and the petitioner’s involvement was only hinted at by seizure‑list witnesses without any detail. The petitioner applied for pre‑arrest bail, arguing his clean antecedents and the lack of specific evidence linking him to the crime. The State opposed, contending that the investigation had uncovered his complicity. The Court noted that while the petitioner’s name appeared in the investigation, the mode of participation was undisclosed and, given his fair antecedents, ordered his release on bail subject to bond and surety conditions. The bail was conditioned on Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 and the requirement that one bailor be a close family member.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail despite his name appearing in the investigation.
  • Whether the material on record is sufficient to justify denial of bail under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Legislation cited

Subjects

  • pre‑arrest bail
  • Section 482(2)
  • Bharatiya Nagrik Suraksha Sanhita
  • Indian Penal Code
  • extortion
  • cattle robbery
  • investigation
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91343 of 2025
                  Arising Out of PS. Case No.-174 Year-2025 Thana- THAKURGANJ District- Kishanganj
                 ======================================================
                 Kaiser @ Rais Kaiser S/O Late Vishwanath Prasad Resident of Village-
                 Sekhawana Math Patwari Tola, P.S- Bettaih Musfassil, District- West
                 Champaran.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ravi Kumar, Adv.
                 For the Opposite Party/s :      Mr. Yogendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   28-01-2026                  Heard the learned Advocate for the petitioner and the

                   learned Additional Public Prosecutor for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Thakurganj P.S. Case No. 174 of 2025, registered for the

                   offences punishable under Sections 126(2), 127(2), 115(2),

                   308(2), 308(5), 303(2), 352 and 3(5) of the Indian Penal Code.

                                3. Allegedly, while the informant along with his

                   helper was going on a ten wheeler truck loaded with cattles

                   from Muzaffarnagar (Uttar Pradesh) to Assam, in the

                   meanwhile, altogether 10-12 persons, who were coming on

                   three cars intercepted them just before the toll gate. The

                   miscreants pulled out the informant from truck and snatched Rs.

                   1500/- and kept the cattles in captivation and started demanding
Patna High Court CR. MISC. No.91343 of 2025(2) dt.28-01-2026
                                            2/3




          Rs. One lakh as extortion. The accused persons also assaulted

          the driver and the helper.

                       4. Learned Advocate for the petitioner submitted that

          the FIR has been instituted against six named accused persons

          and 8-10 unknown persons. Admittedly in the said incidence,

          none of the persons has sustained any injury, as there is no

          injury report collected during the course of investigation.

          Moreover, the name of the petitioner has surfaced during the

          course of investigation on the disclosure made by seizure list

          witnesses, however, it has not been disclosed that as to in what

          manner, the petitioner has participated in crime. The petitioner

          bears fair antecedent and it is not the case that the informant and

          his helper has disclosed about the complicity of the petitioner.

                       5. On the other hand, learned Advocate for the State

          opposed the pre-arrest bail application and submits that the

          complicity of the petitioner has transpired during the course of

          investigation.

                       6. Having considered the submissions advanced by

          learned Advocate for the respective parties and taking note of

          the fact that the name of the petitioner has transpired during the

          course of investigation on the disclosure made by the seizure list

          witnesses, however, the mode and manner of his participation has
            Patna High Court CR. MISC. No.91343 of 2025(2) dt.28-01-2026
                                                        3/3




                      not been disclosed besides the fair antecedent of the petitioner,

                      let the petitioner above named be released on bail, in the event

                      of his arrest or surrender before the court below within a period

                      of four weeks from the date of receipt/production of a copy of

                      this order, upon furnishing bail bonds of Rs.10,000/- (ten

                      thousand) with two sureties of the like amount each to the

                      satisfaction of the learned C.J.M., Kishanganj in connection

                      with Thakurganj P.S. Case No. 174 of 2025, subject to the

                      conditions laid down in Section 482(2) of the Bharatiya Nagrik

                      Suraksha Sanhita, 2023 with the further condition that one of

                      the bailors shall be the own/close family members of the

                      petitioner.



                                                  (Harish Kumar, J)
shivank/-

U      T


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