Patna High Court
Lekh Raj @ Raj kamatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted regular bail to the petitioner, finding that the circumstances did not justify continued detention.
Summary
Lekh Raj @ Raj Kamat was arrested in connection with a shooting case (Supaul PS Case No. 377 of 2025) involving the alleged shooting of Manish Kumar. The prosecution alleged offences under IPC Sections 109, 307, 34 and Section 37 of the Arms Act, but the victim could not identify the assailant and no Test Identification Parade was conducted. The petitioner claimed innocence, arguing that the FIR was lodged against unknown persons and that the mobile number linked to him was incorrect. The State opposed bail, citing the seriousness of the charges and the petitioner's prior criminal antecedent. The High Court, after considering the lack of identification and other circumstances, granted regular bail on a bond of Rs.10,000 with two sureties, allowing the petitioner's release.
Issues considered
- Whether regular bail should be granted to the petitioner despite the seriousness of the offences under IPC and the Arms Act
- Whether the absence of a Test Identification Parade and lack of victim identification justify bail
- Whether the petitioner's prior criminal antecedent warrants denial of bail
Legislation cited
- Arms Act — s. 37
- Indian Penal Code — s. 109, 307, 34
Subjects
- regular bail
- identification parade
- IPC
- Arms Act
- attempt to murder
- high court
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29151 of 2026
Arising Out of PS. Case No.-377 Year-2025 Thana- SUPAUL District- Supaul
======================================================
Lekh Raj @ Raj kamat son of Sri Shambhu Kamat Resident of Mohalla-
Naya Nagar, Ward No 13, Nagar Parishad Supaul, Ps And District -Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrit Abhijat, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 24-06-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Supaul P.S. Case No.
377 of 2025 registered for the offences punishable under
Sections 109, 3(5) B.N.S. corresponded to Section 307/34 as
well as Section 37 of Arms Act.
3. As per the prosecution case, on 19.07.2025 at about
02:00 PM, informant’s younger son, Nitish Kumar informed
him that his brother, Manish Kumar had been shot by an
unknown person and was undergoing treatment at Anant Prerena
Hospital, Supaul.
Patna High Court CR. MISC. No.29151 of 2026(3) dt.24-06-2026
2/3
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has been falsely implicated in
the present case. It has further been submitted that the FIR was
instituted against unknown persons. The injured, Manish
Kumar, has been examined in Paragraph 14 of the case diary,
wherein he has not identified the assailant rather, he has stated
that an unknown person fired upon him and has only furnished a
description of the assailant. It has been contended that no Test
Identification Parade (TIP) was conducted and the petitioner has
not been identified by the injured. Learned counsel has further
submitted that the mobile number disclosed by the injured does
not belong to the petitioner. Lastly, it has been submitted that
the petitioner has one criminal antecedent, in which he is on bail
and he is in custody since 27.11.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances of the
case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Supaul in connection with Supaul P.S.
Patna High Court CR. MISC. No.29151 of 2026(3) dt.24-06-2026
3/3
Case No. 377 of 2025.
8. The application stands allowed.
(Praveen Kumar, J)
Sahil/-
U T
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