Patna High Court
Kaiser @ Rais KaiserversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
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
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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
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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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