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Patna High Court

Brajesh KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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