Patna High Court
Rajeshwar RaiversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 147, 148, 149, 302
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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