Patna High Court
Harendra Rai @ Harendra Ray @ Harendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted regular bail to the petitioner, finding that his clean antecedents and the circumstances warranted release on bail.
Summary
Harendra Rai was arrested in connection with a violent incident in which the informant’s son was stabbed to death and several others were assaulted. The FIR alleges that Rai, acting as a bodyguard, opened fire, although no one was injured by the gunfire. Rai pleaded innocence, claiming he was falsely implicated due to village politics and has no prior criminal record. He applied for regular bail, arguing that the charge‑sheet had already been filed and he had been in custody since 11‑08‑2025. The court, considering the general and omnibus nature of the accusations, Rai’s clean antecedents, and the length of his detention, granted bail on a bond of Rs.10,000 with two sureties. The order directs the Additional Chief Judicial Magistrate, 12th Motihari, to release the petitioner on bail.
Issues considered
- What is the appropriate exercise of discretion by the court in granting regular bail for offences including murder, assault, and violations of the Arms Act?
- Does the petitioner’s clean antecedents and the fact that no injury resulted from the alleged firing justify the grant of bail despite the seriousness of the charges?
Legislation cited
Subjects
- regular bail
- Criminal Procedure Code
- murder
- Arms Act
- political violence
- clean antecedents
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9557 of 2026
Arising Out of PS. Case No.-93 Year-2025 Thana- KALYANPUR District- East Champaran
======================================================
Harendra Rai @ Harendra Ray @ Harendra Yadav S/o Fuldev Ray Resident
of village - Bakhari, P.S.- Kalyanpur, Distt.- East Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Pramod Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in Kalyanpur P.S. Case
No. 93 of 2025 which was registered for the offence punishable
under Sections 191(2), 191(3), 109, 103(1), 351(2) and 352 of
the B.N.S. and Section 27 of the Arms Act.
3. As per the prosecution story, on 14.03.2025, all the
FIR named accused persons, including this petitioner, came to
the door of the informant and abused him. It is alleged that
accused persons called informant’s son and when he came out,
co-accused Ashok Yadav caught hold of him. Thereafter, co-
accused Chotu Yadav assaulted him with iron rod. Meanwhile,
co-accused Jagarnath Rai, having dagger in his hand, pierced in
the stomach as a result of which his intestine came out and
Patna High Court CR. MISC. No.9557 of 2026(2) dt.18-02-2026
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informant’s son died instantly. It is further alleged that this
petitioner, who happens to be bodyguard of co-accused
Jagarnath Rai, opened fire though no injury takes place. Firing
is also attributed to co-accused Rajendra Rai and co-accused
Devendra Rai. Dispute is related with PACS election and the
accused wanted to show their dominance.
4. Learned counsel appearing for the petitioner
submits that petitioner is quite innocent and has committed no
offence. As per F.I.R., this petitioner is alleged to have opened
fire, however, nobody has sustained any fire arm injury.
Petitioner has falsely been implicated in this case due to village
politics. Moreover, charge-sheet has already been submitted and
petitioner, having no criminal antecedents, is in custody since
11.08.2025.
5. Learned A.P.P. for the State the prayer for bail to
the petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, clean
antecedents of the petitioner and period of custody, the prayer
for grant of bail to the petitioner is allowed.
7. Accordingly, let the petitioner, mentioned above, be
enlarged on bail on furnishing bail bond of Rs.10,000/- (ten
Patna High Court CR. MISC. No.9557 of 2026(2) dt.18-02-2026
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thousand) with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate-
12th, Motihari, East Champaran in connection with Kalyanpur
Police Station Case No. 93 of 2025.
(Prabhat Kumar Singh, J)
shashank/-
U T
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