Brahamdeo Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42474 of 2026 Arising Out of PS. Case No.-123 Year-2025 Thana- RAGHOPUR District- Vaishali ====================================================== Brahamdeo Rai S/o Ramjeevan Rai @ Ramjivan Ray Resident Of Village - Bahrampur, Ps- Rustampur, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh, Advocate For the State :

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Raghopur P.S. Case No. 123 of 2025 registered for the offence punishable under Sections 25(1b)a, 26, 35, 25(ix) of the Arms Act.

3. As per the prosecution case, the petitioner and other accused persons are alleged to have forcibly ploughed the field of the informant at gun point. There is also recovery of one country made pistol and three live cartridges from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel further submits that the co-accused has

Patna High Court CR. MISC. No.42474 of 2026(2) dt.02-07-2026 2/3 been caught on the spot and he has named the petitioner. Learned counsel has also submitted that the petitioner was not caught on the spot rather he had himself appeared before the learned Court below. The petitioner is in custody since 18.04.2026 having clean antecedent.

5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

6. Considering the fact that the petitioner was not caught on the spot as well as the fact that the petitioner has clean antecedent, this application is allowed.

7. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateXV, Vaishali at Hajipur/ concerned Court below in connection with Raghopur P.S. Case No. 123 of 2025.

8. As a condition of this order, the petitioner after being released on bail is directed to mark his attendance at Rustampur Police Station, District-Vaishali on the first and third Sunday of each month. Any default in appearance at the police station will result in cancellation of bail bonds of the petitioner.

9. It is, however, clarified that the observations made

Patna High Court CR. MISC. No.42474 of 2026(2) dt.02-07-2026 3/3 herein are limited to the adjudication of the present bail application and shall not prejudice the case of the petitioner at any subsequent stage of the trial and this Court has not express any opinion on the merits of the case.

(Sandeep Kumar, J) P. Kumar U T