Patna High Court
Rajnish Kumar @ BawlaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The appeal is dismissed and bail is denied.
Summary
The appellant, Rajnish Kumar, filed an appeal against the Special Judge's order rejecting his bail application in a case involving multiple offences under the Bharatiya Nyaya Sanhita, Arms Act and SC/ST Act. The appeal also sought condonation of an eight‑day delay in filing. The prosecution alleged that the appellant and eight other miscreants fired indiscriminately at the informant's son and his friend, causing injuries and resulting in a death. The court noted the seriousness of the allegations, the involvement of several accused, and the appellant's prior criminal record. It condoned the delay but held that the gravity of the offences warranted denial of bail and ordered the trial to be expedited. The court clarified that its observations were prima facie and limited to the bail application.
Issues considered
- Whether the eight‑day delay in filing the appeal can be condoned under the law
- Whether bail should be granted to the appellant given the nature of the offences under the Bharatiya Nyaya Sanhita, Arms Act and SC/ST Act
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 109, 118, 61(2)
- SC/ST Act — s. 3(1)(r)(s), 3(2)(va)
Subjects
- bail
- condonation of delay
- criminal procedure
- SC/ST Act
- Arms Act
- serious offences
- multiple accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.864 of 2026
Arising Out of PS. Case No.-477 Year-2024 Thana- DIGHA District- Patna
======================================================
Rajnish Kumar @ Bawla S/O Late Damodar Prasad Resident of Mithila
Colony, Nach Bagicha, P.S.- Danapur, District- Patna
... ... Appellant/s
Versus
1. The State of Bihar
2. Sangeeta Devi W/O Late Vijendra Paswan R/O Gandhi Gali, Main Road,
Gramji Chak, P.s.- Digha, Dist.- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Akhauri Kamal Kishore Sahay
For the Respondent/s : Mr. Binay Krishna
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 02-04-2026 Ref:- I.A. No. 1 of 2026
This is an application for condonation of delay of
about 8 days in filing of the present Cr. Appeal (SJ) No. 864 of
2026.
For the reasons mentioned in the limitation petition,
I.A. No. 01 of 2026 is allowed. The delay in filing the present
appeal is hereby condoned.
Ref:- Cr. Appeal (SJ) No. 864 of 2026
Heard learned counsel for the appellant, and learned
Special Public Prosecutor for the State.
2. The present appeal has been filed by the appellant
against the order dated 07.11.2025 passed by the Exclusive
Patna High Court CR. APP (SJ) No.864 of 2026(2) dt.02-04-2026
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Special Judge, SC/ST Act, Civil Court (Sadar), Patna in Special
Case No. 474 of 2024, arising out of Digha P.S. Case No. 477 of
2024, registered under Sections 118, 109, 61(2) and 103 of the
Bharatiya Nyaya Sanhita, 2023, Sections 25(1-b)a, 26, 27, and
35 of the Arms Act, and Sections 3(1)(r)(s) and 3(2)(va) of the
SC/ST Act, whereby the appellant’s prayer for bail was rejected.
3. As per the prosecution case, eight miscreants riding
on three motorcycles came and fired indiscriminately at the
informant's son and his friend, causing injuries. They also fired
at the informant, but she escaped. Further, the informant has
alleged that the co-accused persons, along with some unknown
miscreants, fired at the informant's son and his friend
indiscriminately with the intention to kill. Thereafter, nearby
people started pelting stones at the accused persons, and then
they fled, and the informant's son and his friend were taken to
the hospital.
4. The appellant is in custody since 09.12.2024, and
he has three criminal antecedents.
5. Considering the serious nature of the allegations,
the involvement of multiple accused, and the fact that the
appellant, along with others, fired indiscriminately, causing
injury to the victim and resulting in the death of the deceased,
Patna High Court CR. APP (SJ) No.864 of 2026(2) dt.02-04-2026
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this Court is not inclined to grant bail to the appellant.
6. Accordingly, the appeal is rejected. The trial is
directed to be expedited.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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