Patna High Court
Ramesh Kumar @ Ramesh RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
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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.
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8. The application stands allowed.
(Praveen Kumar, J)
Sahil/-
U T
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