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Patna High Court

Raja Kumar Ray @ Raju Kumar Ray @ Raja KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner subject to a bond and conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Raja Kumar Ray, sought bail fearing arrest in a case registered under sections 331(6), 103(1) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 for the alleged murder of an informant's son. The prosecution alleged that the petitioner, along with other accused, participated in the killing, while the petitioner’s counsel argued that the FIR does not clearly state his involvement and that confessional statements of the deceased’s relatives do not implicate him, attributing the charge to village politics. The State opposed the bail petition. The Court examined the material on record, noted the lack of direct incriminating evidence against the petitioner, and considered the presumption of innocence. It ordered that bail be granted upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

  • Whether the petitioner is entitled to bail in offences punishable under sections 331(6), 103(1) and 61(2) of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the FIR and the investigation sufficiently establish the petitioner’s participation in the alleged murder.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • murder
  • false implication
  • political victimisation
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13865 of 2026
                         Arising Out of PS. Case No.-22 Year-2025 Thana- AMNAUR District- Saran
                 ======================================================
                 Raja Kumar Ray @ Raju Kumar Ray @ Raja Kumar Son of Late Avadhesh
                 Ray Resident of Village- Nandan Kaituka, P.S.- Maker, District- Saran

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajay Kumar Thakur, Advocate
                                                   Mr. Purushottam Kumar, Advocate
                 For the Opposite Party/s :        Mr. Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   27-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under sections 331(6), 103(1) and

                   61(2) of the Bharatiya Nyaya Sanhita, 2023.

                                 3. As per prosecution case, on 30.1.2025 at about 6

                   pm all the FIR named accused persons including this petitioner

                   came to the house of the informant and called his son and went

                   away with them. Informant has alleged that same night at 12.30

                   O’clock he saw that all the FIR named accused persons

                   including these petitioners and 3 to 4 unknown accused persons

                   were beating his son on the roof by fists and slaps. Accused

                   persons killed his son by stabbing on the neck.
Patna High Court CR. MISC. No.13865 of 2026(2) dt.27-04-2026
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                       4. Learned counsel appearing for the petitioner

          submits that the petitioner is innocent and has falsely been

          implicated in this case due to village politics. As per FIR, co-

          accused Nitesh Kumar Singh, Ritesh Kumar Singh and Rohit

          Kumar came at the house of informant and took his son Rahul

          Kumar Singh (deceased) with them but the informant has not

          disclosed that petitioner accompanied his son or not. FIR does

          not disclose from whom information was sourced that named

          accused killed his son. He further submits that during

          investigation police also recorded the confessional statement of

          Khusbu Singh @ Muskan (sister-in-law) of the deceased in

          which she did not state that petitioner has committed alleged

          occurrence and even Ajit Kumar Singh, elder brother of the

          deceased has not stated about this petitioner. Police after

          investigation submitted final form against the petitioner and did

          not send him for trial.

                       5. Learned counsel for the State oppose the bail

          petition.

                       6. Considering the aforesaid facts, and other

          circumstances of the case, in the event of arrest or surrender

          within six weeks from today, let the petitioner, as named above,

          be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten
            Patna High Court CR. MISC. No.13865 of 2026(2) dt.27-04-2026
                                                        3/3




                      thousand) each with two sureties of the like amount each to the

                      satisfaction of the learned CJM, Saran at Chapra in connection

                      with Amnaur P.S. Case No. 22 of 2025, subject to the conditions

                      laid down under section 482 (2) of the Bharatiya Nagarik

                      Suraksha Sanhita ( BNSS), 2023.


                                            (Prabhat Kumar Singh, J)

khushbu/-

U      T


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