Patna High Court - Orders
Rajan Rai vs The State Of Bihar on 29 April, 2026
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3724 of 2026
Arising Out of PS. Case No.-48 Year-2025 Thana- CHAPRA TOWN District- Saran
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1. Rajan Rai, S/o- Rajendra Rai, R/v- Chhota Telpa Katahari Bag, PS- Town
Thana District-Saran Chapra
2. Dilip Singh @ Dilip Kumar Singh, S/o- Pashupati Singh, R/v- Sadha Newaji
Tola, PS- Town Thana, District- Saran
3. Shankar Rai, S/o- Late Chandrama Rai, R/v- Salempur, PS- Town Thana,
District- Saran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Gaurav Kumar, S/o Late Umesh Kumar, R/o Mohallah Salempur, P.S.
Chapra Nagar District-Saran
... ... Opposite Party/s
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Appearance :
For the Petitioners : Mr. Ajit Kumar Singh, Advocate
Mr. Abhishek Kumar, Advocate
For the State : Mr. Rana Randhir Singh, APP
For the O.P. No.2 : Mr. Kumar Shivam Sinha, Advocate
Mr. Satyendra Kumar Bhatnagar, Advocate
Mr. Vijay Kumar Sinha, Advocate
Mr. Roushan Sinha, Advocate
Mr. Santosh Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
5 29-04-2026Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the opposite party no.2.
2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Chapra Town P.S. Case no.48 of 2025 registered under sections 126(2), 115(2), 329(3), 329(4), 74, 303(2), 352, 351(2), 324(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 to which Patna High Court CR. MISC. No.3724 of 2026(5) dt.29-04-2026 2/4 sections 308(2) and 308(5) of the Bharatiya Nyaya Sanhita, 2023 were added subsequently.
3. As per the prosecution case, the informant states that on the date of occurrence at 7:30 in the morning, five named accused persons including the three petitioners herein along with unknown accused persons with the intention to loot entered the house of the informant, destroyed the five CCTV cameras, DVR box, etc. and on the point of country made pistol, having over powered the residents of the house looted articles worth Rs.80,000/-. They also misbehaved with the lady members of the house.
4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case. The differences started soon after the sale deed (Annexure-P/2) was executed by the uncle of the informant in favour of the petitioner no.1 and the son of petitioner no.2. This was followed by complaints being filed by the informant and his staff and the instant case happens to be in the line of the cases being filed to falsely implicate the petitioners. The matter is in fact a civil dispute. The petitioners undertake to cooperate in the investigation/trial.
5. The application for anticipatory bail is opposed by Patna High Court CR. MISC. No.3724 of 2026(5) dt.29-04-2026 3/4 learned A.P.P. for the State and learned counsel for the opposite party no.2. Learned counsel for the opposite party no.2 submits that not only the petitioners are named in the F.I.R. but there is direct allegation against them of having entered the house of the informant variously armed and having committed loot. In course of investigation the independent witnesses have supported the prosecution case in paragraph nos.7, 8 and 9 of the case diary and the Investigating Officer has added sections 308(2) and (5) of the Bharatiya Nyaya Sanhita, 2023. Further the allegations of extortion by the petitioners to the tune of Rs.1.5 crore has also transpired.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the dispute between the parties as evident from the submissions made on behalf of the petitioners, the dispute arising out a sale deed executed on 5.7.2024 by the chacha (uncle) of the informant in favour of the petitioner no.1 and the son of petitioner no.2, in the facts of the case, it is directed that all the three petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Chapra Town P.S. Case no.48 of 2025 on each of them furnishing bail bond of Patna High Court CR. MISC. No.3724 of 2026(5) dt.29-04-2026 4/4 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra.
(Partha Sarthy, J) avinash/-
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