Patna High Court
Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Rajesh Kumar, was charged under Sections 105 and 3(5) of the B.N.S., 2023 for alleged conspiracy in the death of an informant’s brother. The prosecution alleged that two accused pushed the victim, causing a fatal head injury, and claimed the petitioner was the main conspirator. The petitioner’s counsel argued that he is innocent, pointed out a seven‑month delay between the incident (11‑07‑2025) and the FIR (30‑01‑2026), noted the FIR lacks specific details of the alleged conspiracy, and highlighted his clean criminal record while seeking bail. The State opposed the bail application. After considering the delay, the vague conspiracy allegation, and the petitioner’s antecedents, the court granted bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused under Sections 105 and 3(5) of the B.N.S., 2023.
- Whether the delay in lodging the FIR is a ground to deny bail.
- Whether the mere allegation of conspiracy without specific particulars justifies denial of bail.
- Whether the petitioner’s lack of prior criminal record and period of custody affect the bail decision.
Legislation cited
- B.N.S., 2023 — s. 105, 3(5)
Subjects
- bail
- conspiracy
- delay in FIR
- criminal antecedent
- Section 105
- Section 3(5)
- B.N.S., 2023
- Indian criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13295 of 2026
Arising Out of PS. Case No.-49 Year-2025 Thana- GADHA District- Sitamarhi
======================================================
Rajesh Kumar S/o Binod Raut @ Vinod Raut R/o Village - Manik Chowk, P.S
- Garha, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 25-02-2026 Heard Mr. Aryan Singh, learned counsel for the
petitioner and Mr. Harendra Prasad, learned APP for the State.
2. The petitioner has prayed for bail in connection
with Garha P.S. Case No. 49 of 2025 registered for the offence
punishable under Sections 105 and 3(5) of the B.N.S., 2023.
3. The case of the prosecution, in short, is that two
accused persons pushed the brother of the informant, who fell
down on the road and received injury on the head and died. It is
alleged that the petitioner is the main conspirator.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner submits that the date of
occurrence is 11.07.2025 and the date of lodging of the FIR is
Patna High Court CR. MISC. No.13295 of 2026(2) dt.25-02-2026
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30.01.2026. Learned counsel for the petitioner has further
submitted that this long delay in lodging of the FIR is not
explained. Moreover, only allegation is that the petitioner is
conspirator. The manner of conspiracy is not clear from FIR.
Learned counsel has further submitted that the petitioner is
having no criminal antecedent and he is in judicial custody since
11.08.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Sitamarhi in connection with Garha P.S.
Case No. 49 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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