Patna High Court
Brajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner, subject to conditions.
Summary
The petitioner, Brajesh Kumar, was charged under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act for allegedly keeping the motorcycle used in a murder. The prosecution alleged that the deceased was killed by hired criminals at the behest of Vinay Kumar Singh, and the motorcycles were left at the petitioner's residence. The petitioner contended his innocence, noting that co‑accused Rohit Raj and Harsh Raj had already been granted bail and that no charge‑sheeted witness had been examined despite charges being framed on 25‑08‑2025. Considering the prolonged custody since 03‑01‑2024, the delay in trial, and the bail granted to other accused, the court allowed the petition for regular bail. The court ordered release on a bail bond of Rs.10,000 with two sureties and imposed conditions of monthly police station attendance and cooperation with the trial court.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences and the pending trial.
- Whether the delay in trial and the grant of bail to co‑accused warrant bail for the petitioner.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC
- Arms Act
- delay in trial
- co‑accused bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10225 of 2025
Arising Out of PS. Case No.-787 Year-2023 Thana- SAHPUR District- Patna
======================================================
Brajesh Kumar Son of Mantu Singh Resident of Lakhani Bigha, P.S. -
Danapur, District - Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vivekanand Singh
Mr.Ghanshyam Tiwary
For the Opposite Party/s : Mr.Dr. Ajeet Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
10 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt of the petitioner for
grant of regular bail in connection with Shahpur P.S. Case No.
787 of 2023 registered for the offence under Section 302, 34 of
the Indian Penal Code and under Section 27 of the Arms Act.
3. As per the prosecution case, the deceased was
accused in the killing of the father of one Vinay Kumar Singh,
which had taken place long back. The deceased after getting
bail, left the area and came to Danapur and made a house and
was staying there. Vinay Kumar Singh after getting the
knowledge about the address of the deceased, contacted
criminals and engaged them to kill the deceased. The criminals
Patna High Court CR. MISC. No.10225 of 2025(10) dt.10-02-2026
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called the deceased and killed him and thereafter they came with
their motorcycles and changed their motorcycles. They parked
their motorcycles at the door of the petitioner and fled away on
two scooties.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and other co-
accused Rohit Raj and Harsh Raj have been granted bail by this
Court in Cr. Misc. No. 73178 of 2024 and Cr. Misc. No. 51820
of 2024 respectively.
5. It has further been submitted by the learned
counsel for the petitioner that the main allegation is against
Rohit Raj and the allegation against the petitioner is that he has
kept the motorcycle used in the murder. The petitioner is in
custody since 3.1.2024.
6. From the report of the Additional Sessions
Judge-II, Danapur dated 10.09.2025, it appears that charges
have been framed on 25.08.2025 and not even a single witness
out of six charge-sheeted witness have been examined.
7. Considering period of custody, the delay in the
trial and the grant of bail to the other co-accused person, this
application is allowed.
8. Let the petitioner, above named, be released on
Patna High Court CR. MISC. No.10225 of 2025(10) dt.10-02-2026
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bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned ADJ-1st, Danapur, Patna in connection with
Sessions Trial No. 1342 of 2024 / Danapur P.S. Case No. 787 of
2023.
9. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Danapur Police Station on every Sunday of each month. Any
default in appearance at the police station will result in
cancellation of bail bonds of the petitioner.
10. As a condition of this order, the petitioner, after
being released on bail, is directed to co-operate in the trial either
by appearing personally or through his lawyer in the trial Court
on each and every date fixed by the trial Court. Non-compliance
of the condition will result in cancellation of the bail bonds of
the petitioner.
(Sandeep Kumar, J)
Vikas/-
U
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