Patna High Court
Rajeev DasversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that regular bail could not be granted to the petitioner.
Summary
Petitioner Rajeev Das, charged under IPC sections 326, 307, 120(B) and Arms Act section 27, applied for regular bail in a Sessions trial. The State opposed bail, highlighting his three prior criminal cases and the seriousness of the current offences. The trial had already begun, with two of eight prosecution witnesses examined, though the court deemed them non‑material. The State argued that granting bail could enable the petitioner to abscond or tamper with evidence. After considering the arguments and a prior bail denial in a similar case (Ashok Sah), the High Court refused the bail application, concluding the risk outweighed the petitioner's claim.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with serious offences under IPC and the Arms Act
- Whether the petitioner’s prior criminal antecedents and the stage of trial justify denial of bail
- Whether there is a likelihood of the petitioner absconding or tampering with evidence if released on bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120(B), 307, 326
Subjects
- bail
- regular bail
- IPC
- Arms Act
- criminal conspiracy
- trial stage
- evidence tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2955 of 2026
Arising Out of PS. Case No.-84 Year-2024 Thana- CHHAURADANO District- East
Champaran
======================================================
Rajeev Das S/o Bisheshar Das @ Bishsher Das Resident of Village-
Madhopur, Ward No. 5, P.S.- Bathnaha, Dist.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar
For the Opposite Party/s : Mr.Navin Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in Sessions Trial No.610
of 2025 arising out of Chhauradano P. S. Case No.84 of 2024
registered for the offences punishable under Sections 326, 307,
120(B) of the Indian Penal Code and Section 27 of the Arms
Act.
3. The learned A.P.P. at this stage submits that Ashok
Sah @ Ashok Gupta @ Ashok Kumar had approached this
Court seeking regular bail by filing Cr. Misc. No.2785 of 2026
and the same came to be rejected by an order dated 21.04.2026.
It is further submitted that case of the petitioner is similar to the
case of Ashok Sah and only difference is that petitioner has
Patna High Court CR. MISC. No.2955 of 2026(2) dt.21-04-2026
2/2
antecedent of three cases and Ashok Sah had antecedent of six
cases, but then, the three cases in which the petitioner is
involved are of serious nature and the trial in the case has
commenced and out of eight prosecution witnesses only two
witnesses have been examined but then they are not material
witnesses and if privilege of regular bail is granted the petitioner
may abscond or try to tamper with the evidence by threatening
the material witnesses.
4. After hearing the learned counsel for the parties
and taking into consideration the order dated 21.04.2026 in Cr.
Misc. No.2785 of 2026, the Court is not inclined to release the
petitioner on bail.
5. The prayer of the petitioner for regular bail stands
rejected.
(Satyavrat Verma, J)
vikash/-
U T
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