Mahendra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11112 of 2026 Arising Out of PS. Case No.-420 Year-2025 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Mahendra Rai S/o Late Ramji Rai R/o Village- Chandasi, P.S- Gaurichak, Dist- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aditya Rai, Advocate For the Opposite Party/s :
Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-02-2026 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 103(1), 61(2), 325 and 3(5) of BNS and Section 27 of the Arms Act.
3. The case of the prosecution is that the informant has gone to feed cow with her husband. It is further alleged that three persons being armed with pistol arrived there and started firing indiscriminately on her husband due to which, he fell down. The informant raised alarm. During the course of treatment, her husband died. It has further been alleged that the daughter of the informant was married with one Niraj Kumar and she was subjected to cruelty on account of non-fulfillment of dowry demand. On 12.07.2024, the daughter of the informant
Patna High Court CR. MISC. No.11112 of 2026(3) dt.25-02-2026 2/3 was killed and for that, he has lodged the FIR in that case. The petitioner is also named in the FIR as he is the father of Niraj Kumar with whom the daughter of the informant was married.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that save and except suspicion, there is nothing against this petitioner. From perusal of the FIR, it is clear that the allegation of firing against three persons and the name of this petitioner has come in the second part of the FIR and it is alleged that he has conspired. Learned counsel has submitted that during that period, the petitioner was in custody. It is not clear from the investigation as to how did he conspire. He has also submitted that similarly situated coaccused Deepak Kumar has been granted bail by this court vide Cr. Misc. No. 9787 of 2026. Moreover, the petitioner is languishing in judicial custody since 06.08.2024.
5. Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer of regular bail and has submitted that petitioner is having one criminal antecedent. Learned counsel has stated that there is suspicion against this petitioner which is apparent in the FIR itself but he has also conceded that save and except suspicion,
Patna High Court CR. MISC. No.11112 of 2026(3) dt.25-02-2026 3/3 there is nothing against him.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ramkrishna Nagar P.S. Case No. 420 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. XV, Patna. (Ashok Kumar Pandey, J) shubham/- U T