Gandhi Rai @ Gandhi Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15405 of 2026 Arising Out of PS. Case No.-453 Year-2022 Thana- MADHUBAN District- East Champaran ====================================================== Gandhi Rai @ Gandhi Ray S/o Ramashrya Prasad @ Ramashre Ray Resident of village - Bhorahan, P.S.- Shyampur Bhatahan, Distt.- Sheohar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

Mr.Hemant Ray, Adv.

For the Opposite Party/s :

Mrs.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-03-2026 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending arrest in connection with Madhuban P.S. Case No.453 of 2022 lodged on 19.10.2022, for the offences punishable under Sections 413, 414 and 34 of the IPC.

3. As per the prosecution, FIR has been lodged against four named accused persons with allegation that one Chapakal which was subject to theft recovered, which is subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that three accused persons have been caught red handed who disclosed the name of the petitioner. He further submits that the petitioner's name has come in this case only by virtue of confession made by co-accused.

Patna High Court CR. MISC. No.15405 of 2026(2) dt.25-03-2026 2/2

5. Counsel submits that the criminal antecedent of the petitioner is clean.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that petitioner's name has come only by virtue of confession, but there is no ingredient found against the petitioner.

7. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Chief Judicial Magistrate, East Champaran, Motihari in connection with Madhuban P.S. Case No.453 of 2022, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J) Prakashmani/- U T