Patna High Court
Rajesh Kumar @ Nakat Gope@ Nakat @ Nakat Rai @ Rajesh GopversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted bail to the petitioner, subject to bond conditions and the possibility of cancellation if he attempts to delay the trial.
Summary
The petitioner, Rajesh Kumar, was charged under Sections 307, 34 and 120B of the Indian Penal Code and Section 27 of the Arms Act in a case arising from Digha PS. He filed a fourth bail application after earlier attempts were rejected, the most recent rejection occurring on 26.02.2026 with liberty to reapply after charge framing. The petitioner argued that he would not abscond and would cooperate with the trial to prove his innocence. The State opposed the bail, citing the seriousness of the offences. The Court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bail bond of Rs. 10,000 with two sureties, one of whom must be his wife, and warned that the trial court may cancel bail if the petitioner attempts to delay the proceedings.
Issues considered
- Whether bail should be granted to the petitioner charged under IPC Sections 307, 34, 120B and Arms Act Section 27 despite prior rejection of bail applications.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 307, 34
Subjects
- bail
- Indian Penal Code
- Arms Act
- Section 307
- Section 34
- Section 120B
- criminal procedure
- trial court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27034 of 2026
Arising Out of PS. Case No.-293 Year-2024 Thana- DIGHA District- Patna
======================================================
Rajesh Kumar @ Nakat Gope@ Nakat @ Nakat Rai @ Rajesh Gop S/o Late
Jay Ram Ray @ Late Jairam Rai @ Late Jai Gop Resident of Mitanchak
Brajesh Singh ke makan me kirayedar, PS- Sampatchak, District- Patna,
Permanent address - Patipul Digha, PS- Digha, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Pd. Singh- Sr. Advocate
Mr.Sunil Prasad Singh
For the Opposite Party/s : Mr.Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 14-05-2026 1. Heard learned senior counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 307, 34 and 120B of the Indian
Penal Code and Section 27 of the Arms Act.
3. The learned senior counsel for the petitioner submits
that this is the fourth attempt of the petitioner to seek regular bail.
It is next submitted that in the third attempt, the petitioner had
moved this Court seeking regular bail by filing Cr. Misc.
No.81415 of 2025 and the same came to be rejected by an order
dated 26.02.2026 with liberty to the petitioner to renew his prayer
for bail after framing of charge. It is next submitted that charges
against the petitioner stands framed by an order dated 25.03.2026
Patna High Court CR. MISC. No.27034 of 2026(2) dt.14-05-2026
2/2
as would manifest from the order impugned. It is also submitted
that petitioner will not abscond rather will cooperate in the trial to
prove his innocence.
4. Learned A.P.P. opposes the bail application.
5. Considering the submissions of the learned senior
counsel appearing on behalf of the petitioner, the petitioner, above-
named, is directed to be released on bail on his furnishing bail-
bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned Court
below where the case is pending in connection with Sessions Trial
No.493 of 2026 arising out of Digha P. S. Case No.293 of 2024,
one of the bailors of the petitioner shall be his wife namely, Sunita
Devi.
6. The application stands allowed.
7. However, it is made clear that if the learned trial
court comes to a conclusion that petitioner after his release is
trying the delay in any manner, the learned trial court shall be at
liberty to cancel the bail bonds of the petitioner after recording
reasons.
(Satyavrat Verma, J)
vikash/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.