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Patna High Court

Ramesh Kumar @ Ramesh RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner.

Summary

The petitioner, Ramesh Kumar, was charged under Sections 103(1), 3(5) of the B.N.S and Section 27 of the Arms Act for the alleged murder of the informant's son during a loan recovery dispute. The informant claimed that Kumar, along with Ajay Kushwaha, orchestrated the killing, while the petitioner contended he was falsely implicated, citing lack of eyewitnesses and questioning the evidentiary value of his confessional statement. The State opposed bail, arguing strong material against the petitioner, whereas the petitioner’s counsel highlighted his innocence and minimal prior criminal record. After hearing both sides, the court considered the nature of the evidence and the seriousness of the offences. The court ordered the petitioner to be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties, thereby allowing the bail application.

Issues considered

  • Whether regular bail can be granted to the petitioner despite the serious nature of the charges
  • Whether the absence of eyewitness testimony and the questionable confessional statement justify denial of bail
  • Whether the offences under the B.N.S and Arms Act preclude the grant of bail

Legislation cited

Subjects

  • regular bail
  • murder
  • Arms Act
  • confessional statement
  • evidentiary value
  • loan recovery dispute
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30907 of 2026
                  Arising Out of PS. Case No.-220 Year-2025 Thana- RAMPUR HARI District- Muzaffarpur
                 ======================================================
                 Ramesh Kumar @ Ramesh Rai S/o- Kailash Rai R/village- Mothahan
                 Fakirana PS- Rampurhari District- Muzaffarpur


                                                                                  ... ... Petitioner/s
                                                       Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Bela Singh, Advocate
                 For the State    :               Mr. Sanjay Kumar Singh, APP
                 For the Informant       :        Dr. Bipin Chandra, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   24-06-2026                   Heard learned counsel for the petitioner, learned A.P.P

                   for the State and learned counsel for the informant.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Rampurhari P.S. Case

                   No. 220 of 2025 registered for the offences punishable under

                   Sections 103(1), 3(5) of the B.N.S and Section 27 of Arms Act.

                                 3. As per the prosecution case, brief fact of the case is

                   that informant Brahdev Sah has alleged on 08.12.2025 at about

                   7.00 am in the morning his son Mintu Kumar Sah was at the

                   home. In the meantime, Ramesh Rai came to his house and

                   asked the informant to meet with Ajay Kushwaha for taking due

                   amount which he had earlier taken as loan. It has been further
Patna High Court CR. MISC. No.30907 of 2026(3) dt.24-06-2026
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          alleged that the informant's son had given 2 to 3 lakhs rupees to

          Ajay Kushwaha but return of payment was being delayed by

          Ajay Kushwaha and he was saying that he will pay the amount

          tomorrow or on the other day. On request of Ramesh Rai his son

          Mintu Kumar went to meet with Ajay Kushwaha at Rupauli, on

          motorcycle. After sometime, near under construction building of

          Ajay Kushwaha two unknown persons fired upon Mintu Kumar

          and shot him dead as a result of which he died on place of

          occurrence itself. The informant has suspicion that Ajay

          Kushwaha, Ramesh Kumar with the help of two unknown

          criminals have committed murder of his son Mintu Kumar Sah

          by causing bullet injuries.

                       4. Learned counsel for the petitioner has submitted

          that the petitioner is innocent and has falsely been implicated in

          this case. It has further been submitted that as per the FIR two

          unknown persons had called the deceased who were riding on a

          separate motor cycle. It has further been submitted that the case

          of last seen has been projected after the death of the deceased. It

          has been further been submitted that there is no eye witness of

          alleged occurrence of murder. It has further been submitted that

          petitioner ought to have been made a witness in this case. It has

          further been submitted that the petitioner has got no association
Patna High Court CR. MISC. No.30907 of 2026(3) dt.24-06-2026
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          with co-accused Ajay Kushwaha. It has further been submitted

          that the confessional statement of the petitioner before police

          while in police custody has no evidentiary value in the eye of

          law and has not let to recover of any incriminating article. It has

          also been submitted that the charge sheet has been submitted

          against the petitioner and there is no allegation of tempering

          with the evidence against him. Lastly, it has been submitted that

          the petitioner has got one criminal antecedent but not of similar

          nature and he is in custody since 09.12.2025.

                       5. Learned APP for the State and learned counsel for

          the informant have vehemently opposed the prayer for bail of

          the petitioner. Learned counsel for the informant has further

          submitted that petitioner took active participation in the

          commission of the offence and there are strong materials against

          him.

                       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, Muzaffarpur, in connection with

          Rampurhari P.S. Case No. 220 of 2025.
              Patna High Court CR. MISC. No.30907 of 2026(3) dt.24-06-2026
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                                     8. The application stands allowed.



                                                   (Praveen Kumar, J)
Sahil/-

U         T


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