Patna High Court – Orders
Gauri Rai @ Gauri Ray vs The State Of Bihar on 6 August, 2025
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12156 of 2025
Arising Out of PS. Case No.-339 Year-2024 Thana- BAKHTIYARPUR District- Patna
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Gauri Rai @ Gauri Ray S/O Late Sakaldeep Rai R/O Village- Naya tola
Bariyarpur, P.S- Bakhtiyarpur,Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar Sinha, Adv.
: Ms. Soni Kumar, Adv.
: Mr. Yashpal Yadav, Adv.
: Mr. Amrit Lal, Adv.
For the Opposite Party/s : Mr. Akshay Lal Pandit, App.
For the Informant : Mr. Tej Narayan Singh, Adv.
: Ms. Minu Kumari, Adv.
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 06-08-2025
1. Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of regular bail, arises out
of Bakhtiyarpur Police Station Case No. 339 of 2024, dated
13.06.2024, disclosing offences under Section 147, 148, 149,
302, 120(B) of the Indian Penal Code and Section 27 of the
Arms Act.
3. As per the prosecution case on 12.06.2024 at 4:15
pm, the informant saw that co-accused persons namely Viru Rai
and Pankaj Kumar were abusing the son of the informant near
the house of co-accused Gauri Rai. The co-accused Neeraj Rai
and his brother were holding the hand of the informant’s son.
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When the informant intervened to save his son, the petitioner
fired upon the chest of the informant’s son due to which he died.
4. Mr. Dhirendra Kumar Sinha, learned counsel
appearing for the petitioner, submits that the petitioner has
falsely been implicated in this case due to previous enmity. The
deceased Dipak Kumar was caught red-handed with loaded
country-made pistol with live cartridges on 18.03.2018, in
which petitioner’s son Suraj Kumar is a seizure list witness
regarding which Bhaktiyarpur PS Case No. 26 of 2018, dated
18.03.2018 has been lodged. The deceased is also accused in
Rail Thana Bhaktiyarpur PS Case No. 23 of 2018 registered
under Sections 379, 341, 323, 414, 34 of the IPC. He was also
accused in Rail Thana Bhaktiyarpur PS Case No. 81 of 2023
registered under sections 395, 397 of the IPC and Section 27 of
the Arms Act. The deceased was accused in Rail Thana
Bhaktiyarpur PS Case No. 26 of 2018 registered under sections
353, 307, 34 of the IPC and Sections 25(1-b)a, 26 of the Arms
Act. In another case, the deceased was an accused in Rail Thana
Bhaktiyarpur PS Case No. 82 of 2023 registered under Sections
25(1-b)a, 26, 35 of the Arms Act.
5. He further submits that the occurrence took place
on 12.06.2024 at about 4.15 p.m. The inquest report of dead
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body of the deceased was prepared by the police on 12.06.2024
at about 5.30 p.m. in which the witness to the inquest report
were two brothers of the informant. In the FIR, it has been
alleged that when the petitioner fired upon the deceased, he ran
towards the house of Vijendra Rai alias Pakauri Rai and fell
down near the door of Pakauri Rai. Whereas, in the inquest
report, the police has found the dead body of the deceased in the
middle of NH-30, Bariyarpur Road. The NH-30 is far away
from the house of Vijendra Rai alias Pakauri Rai which is
situated in the village. It has further been submitted that post-
mortem of the dead body of the deceased was conducted on
13.06.2024 at 12.30 a.m. Thereafter, the typed FIR was
submitted by the informant on 13.06.2024 at 1:20 a.m. and the
police registered the FIR on 13.06.2024 against the petitioner
and others. The lodging of the FIR after preparation of the
inquest report and the post-mortem report casts a doubt over the
prosecution story.
6. The petitioner is in custody since 26.07.2024 i.e. for
about more than a year and the charge sheet has been submitted
and the trial is going on. There is no likelihood that the
petitioner will abscond or tamper with the evidence. The co-
accused and son of the petitioner Niraj Kumar has been granted
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regular bail by this court on the ground that FIR was registered
after inquest report and post-mortem examination report.
7. On the other hand, learned counsel for the
Informant vehemently opposes the prayer for bail and submits
that the petitioner is the main assailant as per the allegation
made in the FIR. The petitioner is having criminal antecedents
of three cases. The petitioner, if released, on bail may threaten
and intimidate the witnesses.
8. I have heard learned counsel for the parties and
have gone through the materials available on record. It is true
that the FIR has been lodged after preparation of inquest report
and the post-mortem report. The co-accused Niraj Kumar has
been granted bail on the ground that the FIR was registered after
inquest and post-mortem report. The petitioner is in custody for
about more than a year and as per the report submitted by the
Trial Court, out of six witnesses, three have been examined and
the remaining three witnesses are I.O., doctor and private
witness.
9. Considering the aforesaid that the FIR has been
lodged after preparation of inquest and post-mortem report. The
co-accused Niraj Kumar has been granted bail on same ground
and further taking into consideration the period of custody of the
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petitioner, accordingly, I am inclined to grant regular bail to the
petitioner.
10. This application is, accordingly, allowed.
11. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount, each to the satisfaction of
learned Additional Sessions Judge-VI, Barh, in connection to the
Bakhtiyarpur Police Station Case No. 339 of 2024, dated
13.06.2024
12. This is subject to the condition that the petitioner
shall present himself before the police/Court, as the case may
be, as and when required and in the event of failure on his part
to appear before the Court on two consecutive occasions, his
bail bond shall be liable to be cancelled.
(Anil Kumar Sinha, J)
HarshPandey/-
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