Allowed¶36

Nandu Rai v. The State of Bihar

Patna HC13 Feb 2026CR. MISC./1586/2026

Case brief

AI extract

What is this about?

Bail granted by Patna High Court (Sourendra Pandey, J) on 13-02-2026 to Nandu Rai, in custody since 30.05.2025 in Sahar P.S. Case No. 78 of 2024 (murder-related charges: Ss. 147, 148, 149, 307, 302, 448, 201, 447 IPC; Ss. 25(1-B)a, 26, 27, 35 Arms Act), on a Rs. 10,000/- bail bond with two like sureties and five conditions including trial attendance, relative/local bailors, cancellation for default or fresh similar offence, and antecedent verification; application allowed.

What did the court decide?

Release on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to the five conditions stated in the order. ¶36

Nandu Rai Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Release on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to the five conditions stated in the order.

¶36

Issue for consideration

Whether the petitioner, in custody since 30.05.2025 in connection with Sahar P.S. Case No. 78 of 2024 (offences under Sections 147, 148, 149, 307, 302, 448, 201, 447 IPC and Sections 25(1-B)a, 26, 27, 35 Arms Act), should be released on bail.

¶18

Court's answer

Bail granted: petitioner to be released on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Court where Sahar P.S. Case No. 78 of 2024 is pending.

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Ratio / Principle

Bail made subject to conditions: one bailor a close relative and the other a local resident; physical presence before the concerned Court on every trial date and cooperation in investigation; bail bond cancellable on absence for two consecutive occasions or violation of terms; prosecution at liberty to move for cancellation if petitioner is involved in similar offences in future; criminal antecedents to be verified by the concerned Court, with cancellation steps if concealed, without delaying acceptance of the bail bond.

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Key takeaways

Observations, if any, made in this order shall have no bearing during the trial.obiter¶35

Detailed headnote1 paragraphs

Patna High Court (Sourendra Pandey, J), oral order dated 13-02-2026 in Criminal Miscellaneous No.1586 of 2026 arising out of Sahar P.S. Case No. 78 of 2024 (Thana Sahar, District Bhojpur): bail granted to Nandu Rai, accused in a case registered under Sections 147, 148, 149, 307, 302, 448, 201 and 447 of the Indian Penal Code and Sections 25(1-B)a, 26, 27 and 35 of the Arms Act, wherein the informant's son was allegedly shot dead and the informant injured by named accused persons including the petitioner on account of previous enmity. Petitioner in custody since 30.05.2025 with two criminal antecedents; counsel urged false implication as afterthought, delayed recording of informant's statement, admitted land dispute among other accused, no recovery from the petitioner, and specific allegations of firing only against Priyanshu Kumar, Deepak Rai and Sonu Kumar. Bail allowed on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, subject to conditions: one bailor a close relative and the other a local resident; presence before the concerned Court on every trial date; cancellation of bail bond on absence for two consecutive occasions or violation; liberty to prosecution to seek cancellation on involvement in similar offences; and verification of criminal antecedents without delaying acceptance of the bail bond. Observations in the order to have no bearing during the trial.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

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CRIMINAL MISCELLANEOUS No.1586 of 2026

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Arising Out of PS. Case No.-78 Year-2024 Thana- SAHAR District- Bhojpur

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======================================================

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Nandu Rai Son of Arvind Rai Resident of Vill.- Perhap, P.S.- Sadar, DistrictBhojpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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======================================================

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Appearance :

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For the Petitioner/s : Mr. Ravindra Kumar, Adv. For the Opposite Party/s : Mr. Raj Kishor Singh, APP

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======================================================

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CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER

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2 13-02-2026

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Heard the learned counsel for the petitioner and

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the learned Addl. Public Prosecutor for the State.

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The petitioner, who is in custody, seeks bail in connection with Sahar P.S. Case No. 78 of 2024 registered for the offence(s) punishable under Section(s) 147, 148, 149, 307, 302, 448, 201 and 447 of the Indian Penal Code and Sections 25(1-B)a, 26, 27 and 35 of the Arms Act.

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As per the prosecution case, the informant has alleged that named male accused persons entered his Dalan

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Patna High Court CR. MISC. No.1586 of 2026(2) dt.13-02-2026 2/4

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where he was sitting with his son and on account of previous enmity, the accused being agnates fired, on which the informant and his son fled inside their house, thereafter, Priyanshu, Deepak and Sonu fired indiscriminately causing injury to his son, thereafter Diwakar, Vishnu, Suman, Parmatma, Nandu (petitioner) and Chhotak along with three to four unknown accused also fired at the informant and his son who was lying on the ground while the informant was watching the occurrence from the window, it is next alleged that his son was declared dead by the doctor and informant was referred to Dr. Vikash for better treatment.

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It has been submitted on behalf of the petitioner

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that he has falsely been implicated in this case as an afterthought. It has been submitted that the statement of the informant was recorded on the second day, despite the fact that the seizure, inquest and the postmortem was prepared on the same day and very meticulously the name of thirteen named persons and three to four unknown have been taken by the informant to be participants in the present incident. It has further been submitted that there is an admitted land dispute between the informant and the other accused persons, however, the present petitioner has nothing to do with the dispute with

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Patna High Court CR. MISC. No.1586 of 2026(2) dt.13-02-2026 3/4

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regard to the partition. It has also been submitted that no incriminating article has been recovered from the conscious possession of the petitioner. The learned counsel further submits that even if the allegations are taken on its face value, there is specific allegations upon three persons, namely, Priyanshu Kumar, Deepak Rai and Sonu Kumar, who have fired upon the deceased. It has lastly been submitted that the petitioner is in custody since 30.05.2025 and carries two criminal antecedents.

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The learned Addl. Public Prosecutor for the State has vehemently opposed the prayer for bail.

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Regard being had to the facts and circumstances of the case and taking note of the fact that the petitioner has remained in custody since 30.05.2025, let the petitioner, abovenamed, be released on bail on his furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sahar P.S. Case No. 78 of 2024, subject to the following conditions:-

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(i) One of the bailors of the petitioner shall be his close relative and the other shall be a local resident.

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(ii) The petitioner shall remain physically present before the concerned Court on each and every date of the trial and shall cooperate in the investigation.

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Patna High Court CR. MISC. No.1586 of 2026(2) dt.13-02-2026 4/4

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(iii) In case of absence for two consecutive occasions or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the concerned Court.

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(iv) If the petitioner, in future, is found to be involved in similar nature of offence(s), the prosecution shall be at liberty to move for cancellation of his bail bond.

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(v) The concerned Court shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that he has concealed his criminal antecedent, the Court concerned shall take necessary steps for cancellation of his bail bond. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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It is made clear that the observations, if any, made

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in this order, shall be of no bearing during the trial.

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The application stands allowed.

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(Sourendra Pandey, J)

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Praveen-II/-

Nandu Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Nandu Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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