Patna High Court
Brajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail to the petitioner is denied.
Summary
The petitioner, Brajesh Kumar, applied for bail in a criminal case registered under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act, alleging that he was not named in the FIR and that his name only emerged during investigation. The prosecution alleged that three unknown persons shot dead the son of an informant and identified the petitioner as one of the assailants, citing CCTV footage showing him holding a pistol and his prior criminal antecedent. The petitioner argued innocence and that the charge‑sheet had already been filed, while the State opposed bail on the basis of the seriousness of the offence and the material evidence. The Court examined the nature of the accusations, the investigative material, and the petitioner’s criminal record. Considering these factors, the Court rejected the bail application, concluding that the petitioner’s liberty could not be granted at this stage.
Issues considered
- Whether bail should be granted to the petitioner under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act given the nature of the offence and the evidentiary material.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- Arms Act
- Bihar Narcotic Substances Act
- CCTV evidence
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11637 of 2026
Arising Out of PS. Case No.-813 Year-2025 Thana- NAWADA District- Nawada
======================================================
Brajesh Kumar Son of Shyam Bihari Yadav Resident of Village - Bajitpur,
P.S.- Kawakole, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Sheo Kumar Prasad, Advocate
For the State : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 103(1) and 3(5) of the B.N.S.
and Section 27 of the Arms Act.
3. As per prosecution case, three unknown persons
shot dead son of informant.
4. It is submitted by learned counsel for the petitioner
that petitioner is quite innocent and has committed no offence.
Petitioner is not named in the F.I.R.. Name of petitioner
transpired during investigation. Moreover, charge-sheet has
already been submitted and petitioner is in custody since
06.12.2025.
Patna High Court CR. MISC. No.11637 of 2026(2) dt.11-03-2026
2/2
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of bail to the petitioner
and submitted that name of petitioner transpired during
investigation and he was identified as the assailant of the
deceased. It is further submitted that in the C.C.T.V. footage,
this petitioner was seen holding pistol in his hand and has got
one criminal antecedent.
6. Considering the facts and circumstances of the
case, nature of accusation, materials that have surfaced during
investigation and criminal antecedent of the petitioner, the
prayer for grant of bail to the petitioner is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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