Patna High Court
Ram Prawesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The petitioner is entitled to bail in the present case.
Summary
Ram Prawesh Kumar was arrested in connection with the murder of an informant's nephew, alleged to have occurred after a deceptive phone call and resulting in the victim's death. The petitioner argued that he was not named in the FIR, his name was only disclosed by a co‑accused, and there were no eyewitnesses to the alleged murder. He also asserted his willingness to cooperate with the trial and noted the absence of any tampering allegation, despite having three prior criminal antecedents and being in custody since September 2025. The State opposed bail, citing the seriousness of the offences under Section 103(1) of the Bihar Narcotic Substances Act, 2023 and Sections 27 and 25(1‑B) of the Arms Act. The Court, after evaluating the nature of the evidence and the petitioner’s cooperation, ordered bail on a bond of Rs.10,000 with two sureties, finding no compelling reason to deny liberty. Consequently, the bail application was allowed.
Issues considered
- Whether the petitioner is entitled to bail despite being implicated in a murder case under the Bihar Narcotic Substances Act and the Arms Act.
- Whether the lack of direct naming in the FIR and absence of eyewitnesses justify granting bail.
Legislation cited
- Arms Act — s. 25(1-B), 27
- Bihar Narcotic Substances Act, 2023 — s. 103(1)
Subjects
- bail
- criminal procedure
- murder
- arms act
- evidentiary insufficiency
- prior convictions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19130 of 2026
Arising Out of PS. Case No.-646 Year-2025 Thana- FATEHPUR District- Gaya
======================================================
Ram Prawesh Kumar S/O Vijay Yadav R/O Village- Ratokhurd, P.S.-
Fatehpur, District- Gaya jee
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Syed Asgher Najmi, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Fatehpur P.S. Case No. 646 of 2025 registered for the offence
under Sections 103(1) of B.N.S., 2023 and Sections 27, 25(1-B)
(a) of the Arms Act.
3. As per the allegation, the nephew of the informant
went out of his house after unknown telephonic call was made
to him informing that he would be returning in five minutes and
when he did not return within the said period, search was made
and several calls were made to his mobile but his phone kept
ringing but nobody received the call and when hectic search was
made, the nephew of the informant was found in injured
Patna High Court CR. MISC. No.19130 of 2026(2) dt.25-03-2026
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condition in a newly constructed school, thereafter he was taken
to the hospital where the doctor declared him dead.
4. Learned counsel appearing for the petitioner
submits that the petitioner has not been named in the F.I.R. It
has further been submitted that the name of the petitioner was
disclosed by co-accused Dharmveer Kumar. Moreover, there is
no eye witness to the alleged occurrence of murder. He also
submits that the petitioner undertakes to co-operate in the trial.
Charge-sheet has been submitted in this case and there is no
allegation of tampering against the petitioner. It has lastly been
submitted that the petitioner has three criminal antecedents and
is languishing in judicial custody since 20.09.2025.
5. Learned A.P.P. for the State opposed the prayer for
bail of the petitioner.
6. Considering the facts and circumstances of the case
and the nature of evidence collected during course of
investigation against the petitioner, let the, above named,
petitioner be released on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Gaya Jee in connection with Fatehpur P.S. Case No. 646 of
2025.
Patna High Court CR. MISC. No.19130 of 2026(2) dt.25-03-2026
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7. Accordingly, the application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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