Patna High Court
Raja Kumar @ Vijay KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail was dismissed; the petitioner was not entitled to bail.
Summary
The petitioner, Raja Kumar, was arrested in connection with a murder and robbery case (Kanti PS Case No. 407 of 2024) and charged under sections 309(6), 309(3) and 309(5) of the Bihar Narcotic Substances Act, 2023 and section 27 of the Arms Act. The co‑accused, Chandan Kumar, gave a self‑inculpatory statement implicating the petitioner, and the looted motorcycle was recovered from the petitioner’s cow‑shed. The petitioner has been in judicial custody since 7 October 2024 and previously applied for regular bail, which was rejected by the Patna High Court on 19 February 2025. On 12 February 2026 he made a second bail application, arguing that the charge had been framed and that he was entitled to bail. The Court, after considering the gravity of the offences and the fact that the charge sheet had been filed, declined to revisit its earlier order and dismissed the bail application.
Issues considered
- Whether regular bail can be granted to the petitioner under sections 309(6), 309(3), 309(5) of the Bihar Narcotic Substances Act, 2023 and section 27 of the Arms Act in view of the seriousness of the offences and the evidence against him.
Legislation cited
- Arms Act, 1959 — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 309(3), 309(5), 309(6)
Subjects
- bail
- murder
- robbery
- Arms Act
- Bihar Narcotic Substances Act
- regular bail
- gravity of offence
- self‑inculpatory statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1250 of 2026
Arising Out of PS. Case No.-407 Year-2024 Thana- KANTI District- Muzaffarpur
======================================================
Raja Kumar @ Vijay Kumar S/o Awadhesh Prasad R/o Village - Panapur
Bangla Tola, P.S - Minapur, District - Muzaffarpur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Sunil Kumar Pandey, Advocate
For the State : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of regular bail in connection with Kanti P.S.
Case No.407 of 2024 registered for the offence under sections
309(6)/3/5 of the B.N.S., 2023 and under section 27 of the Arms
Act.
3. Earlier, the bail of the petitioner was rejected
by this Court vide order dated 19.02.2025 passed in Criminal
Miscellaneous No.8554 of 2025. The aforesaid order dated
19.02.2025 reads as under:-
“Heard learned counsel for the
petitioner and learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail in
connection with Kanti P.S. Case No. 407 of
2024 registered for the offence punishable
under Sections 309(6)/3(5) of B.N.S. and
Section 27 of the Arms Act.
Patna High Court CR. MISC. No.1250 of 2026(2) dt.12-02-2026
2/2
3. Unknown criminals shot at the victim
for committing loot. He died. The name of the
petitioner has come in the self-inculpatory
statement of the co-accused Chandan Kumar.
The looted motorcycle has been recovered from
the cow-shed of the petitioner. The petitioner is
in jail since 07.10.2024.
4. In view of the above, this application
is dismissed.
5. The Senior Superintendent of Police,
Muzaffarpur is directed to produce the
witnesses to produce the witness in the trial so
that the trial may not be delayed.
6. Let a copy of the order be
communicated to the Senior Superintendent of
Police, Muzaffarpur through FAX/e-mail
forthwith for compliance of the order.”
4. It has been submitted by learned counsel for
the petitioner that in the trial the charge has been framed.
5. Considering the gravity of offence and also
the fact that the charge has been framed in the trial, I am not
inclined to review my earlier order dated 19.02.2025.
Accordingly, this bail application is dismissed.
(Sandeep Kumar, J)
pawan/-
U T
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