Patna High Court
Raja KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied as the court found the confession and seized arms sufficient to justify continued detention.
Summary
Raja Kumar was arrested on 11 November 2025 in connection with a missing‑person case registered as FIR dated 3 November 2025, alleging offences under Sections 137(2), 103(1), 238(a) and 3(5) of the Bharatiya Nyay Sanhita, 2023. The prosecution relied on the petitioner’s alleged confession and the recovery of the weapon used in the alleged crime, while the defence argued that the petitioner has a clean antecedent and was implicated only through the co‑accused’s confession. The petitioner applied for bail, contending that no other material linked him to the crime. The State opposed bail, emphasizing the confession and the seized arms as strong evidence. The Court, after considering the circumstances, declined to grant bail, holding that the material on record justified continued custody. Consequently, the petition for bail was refused.
Issues considered
- Whether bail should be granted to the accused when a confession and weapon recovery are on record under the Bharatiya Nyay Sanhita.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103(1), 137(2), 238(a), 3(5)
Subjects
- bail
- confession
- arms seizure
- Bharatiya Nyay Sanhita
- criminal procedure
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22254 of 2026
Arising Out of PS. Case No.-216 Year-2025 Thana- JURAWANPUR District- Vaishali
======================================================
Raja Kumar S/o Vijay Chaudhary @ Vijay Chaudhari R/o vill - Paharpur
Purvi, P.S.- Jurawanpur, Dist.- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate
For the Opposite Party/s : Ms. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-04-2026 Heard Mr. Ashok Kumar Mishra, learned counsel
for the petitioner and Ms. Asha Devi, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
11.11.2025 in connection with Jurawanpur P.S. Case No. 216 of
2025, FIR dated 03.11.2025 registered for the offence under
Section 137(2), 103(1), 238(a), 3(5) of the Bharatiya Nyay
Sanhita, 2023.
3. According to the prosecution, the informant
claims that his son went to Bajrangbali Chowk and has been
missing (untraceable) since then.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent and he has been
made accused in this case merely on the basis of confessional
Patna High Court CR. MISC. No.22254 of 2026(2) dt.06-04-2026
2/2
statement of co-accused, namely, Vikas Kumar and except the
aforesaid, no other cogent material has come during
investigation which suggest the involvement of the petitioner in
the present occurrence and the petitioner is rotting in judicial
custody since 11.11.2025.
5. Learned A.P.P. for the State, on the other hand,
have vehemently opposed the prayer for bail of the petitioner
and submits that petitioner has confessed his guilt in the present
occurrence and apart from that on the basis of confessional
statement of the petitioner, the arms which was used in the
present crime in question was recovered and the same has been
recorded in paragraph no.56 of case diary.
6. Considering the facts and circumstances of the
case, I am not inclined to enlarge the petitioner on bail in
connection with Jurawanpur P.S. Case No. 216 of 2025, pending
in the Court of Additional Chief Judicial Magistrate-XIV,
Vaishali, Hajipur.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Suruchi /-
U T
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