Patna High Court
Raja Kumar Ray @ Raju Kumar Ray @ Raja KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 331(6), 61(2)
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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