Created by Fuzzy Cloud

Patna High Court

Rajesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                        2/2




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.