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Patna High Court

Harendra Rai @ Harendra Ray @ Harendra YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • Arms Act — s. 27
  • B.N.S. — s. 103(1), 109, 191(2), 191(3), 351(2), 352

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
                                                         3/3




                       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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