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Patna High Court

Rajeshwar RaiversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court held that bail could not be granted to the petitioner.

Summary

Petitioner Rajeshwar Rai, arrested on 21-08-2025, sought bail in a case arising from a 2021 incident where he was alleged to have fired at the informant's son, causing his death, and to have participated in an attack on the informant's family. The charges include offences under Sections 147, 148, 149, 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act. The petitioner claimed innocence, alleging political victimisation, while the State highlighted the specific allegation of murder and the petitioner's alleged absconding since 2021. The court examined the seriousness of the offences, the direct involvement alleged, and the risk of tampering with evidence, and concluded that bail would not be appropriate. Consequently, the court refused the bail petition.

Issues considered

  • Whether bail should be granted to the petitioner in a case involving murder, rioting, criminal conspiracy and illegal possession of arms.

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • murder
  • rioting
  • criminal conspiracy
  • Arms Act
  • high court
  • pre-trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29541 of 2026
                      Arising Out of PS. Case No.-41 Year-2021 Thana- GHORASAHAN District- East
                                                       Champaran
                 ======================================================
                 Rajeshwar Rai S/o Lal Babu Rai R/o Village - Lalua, PS - Ghorasahan,
                 District - East Champaran                              ... ... Petitioner/s
                                               Versus
                 The State of Bihar                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner:        Mr. Kundan Rathore alias Kundan Kumar, Advocate
                 For the State    :         Mr. Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   07-05-2026                          Heard Mr. Kundan Rathore alias Kundan Kumar,

                   learned counsel for the petitioner and Mr. Lalan Kumar, learned

                   A.P.P. for the State.

                                       2. The petitioner seeks bail, who is in custody since

                   21.08.2025 in connection with Ghorashan P.S. Case No. 41 of

                   2021, FIR dated 29.01.2021 registered for the offence under

                   Section 147, 148, 149, 302, 120(B) of the Indian Penal Code

                   and Section 27 of Arms Act.

                                       3. According to the prosecution case, the informant

                   alleged that the on 28.01.2021 at about 10.00 P.M, the petitioner

                   along with other accused persons came at the house of the

                   informant and caught hold his son. When the family members of

                   the informant raised objections then this petitioner fired on the

                   head of the informant’s son due to which he died on spot. It is

                   further alleged that all the accused persons tried to kill the
            Patna High Court CR. MISC. No.29541 of 2026(2) dt.07-05-2026
                                                        2/2




                      informant and his family members.

                                      4. Learned counsel appearing for the petitioner

                      submits that the petitioner is innocent and he has been falsely

                      been implicated in this case due to village politics and the

                      petitioner is rotting in judicial custody since 21.08.2025.

                                      5. Learned A.P.P. for the State, on the other hand,

                      has vehemently opposed the prayer for bail of the petitioner and

                      submits that there is direct and specific allegation against the

                      petitioner that he fired on the head of the informant’s son due to

                      which informant’s son died on spot and apart from that the

                      alleged occurrence took place in the yer 2021 and the petitioner

                      has been absconding since 2021.

                                      6. Considering the facts and circumstances of the

                      case, I am not inclined to enlarge the petitioner on bail in

                      connection with Ghorashan P.S. Case No. 41 of 2021, pending

                      in the Court of C.J.M, East Champaran, Motihari/Concern

                      Court, East Champaran, Motihari.

                                   7. Prayer is refused.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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