Patna High Court
Kallu Rai @ Srikant Rai @ Sri Kant YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner on the condition of a Rs.10,000 bond and two sureties.
Summary
The petitioner, Kallu Rai, was arrested in connection with a murder case (PS Case No. 216 of 2020) involving the killing of the informant's cousin brother, allegedly over a monetary dispute. He is charged under Sections 302, 120(B), 34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution’s case hinges on the confession of co‑accused Md. Raja, who admitted firing the fatal shot, while the petitioner’s alleged involvement is based solely on his familial relationship (Devar) with co‑accused Buiya Devi. The petitioner, who has been in custody since 26 July 2025 and has a clean antecedent, sought bail, arguing that the FIR does not directly implicate him. The State opposed the bail on the seriousness of the offences. The Court, considering the nature of the accusation, the petitioner’s clean record, and the period of custody, granted bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to an accused in a murder case involving Sections 302, 120(B), 34 IPC and Section 27 Arms Act.
- Whether the petitioner’s familial relationship with a co‑accused suffices to justify continued detention.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120(B), 302, 34
Subjects
- bail
- murder
- conspiracy
- IPC
- Arms Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11044 of 2026
Arising Out of PS. Case No.-216 Year-2020 Thana- KHAJEKALA District- Patna
======================================================
Kallu Rai @ Srikant Rai @ Sri Kant Yadav S/o Sanjivan Rai Permanent R/O
Village - Sukumarpur, P.S.- Raghopur (Rustampur O.P.), District - Vaishali
and presently R/O Locality - Bagh Lodan Gali, P.S.- Chowk, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravish Mishra
For the Opposite Party/s : Mr.Jitendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for
offence under Sections 302, 120(B), 34 of the Indian Penal
Code and Section 27 of the Arms Act.
3. As per prosecution case, co-accused Buiya Devi got
cousin brother of informant killed in connivance with co-
accused persons, due to some monetary dispute.
4. Learned counsel for the petitioner submits that
from perusal of F.I.R., it is apparent that family of deceased was
having monetary dispute with co-accused Buiya Devi. Petitioner
has been made accused in this case because he happens to be
Devar of co-accused Buiya Devi. During investigation, co-
accused Md. Raja confessed his guilt and deposed that he fired
shot on the deceased. Petitioner is in custody since 26.07.2025,
having clean antecedent.
Patna High Court CR. MISC. No.11044 of 2026(2) dt.18-02-2026
2/2
5. Learned A.P.P. for the State opposes the prayer for
bail.
6. Considering the nature of accusation and period of
custody, let the above named petitioner 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
J.M. 1st Class, Patna City (Patna) in connection with Khajekalan
(Khajekala) P.S. Case No. 216 of 2020.
(Prabhat Kumar Singh, J)
anay
U T
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