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Patna High Court

Rajesh Kumar @ Rajesh Ray @ Rajesh RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Rajesh Kumar, was arrested in connection with a case (Pahleja PS Case No. 67/2024) alleging offences under Sections 147, 148, 149, 452, 380, 302, 506 of the IPC and Section 27 of the Arms Act. The prosecution alleges that the petitioner, along with others, fired three shots that killed the deceased. The petitioner pleaded innocence, asserting an alibi that he was working in Rohtak, Haryana at the time, and highlighted that the post‑mortem report showed only one gunshot wound, with no direct evidence linking him to the crime. He also pointed to his clean antecedent and the fact that a co‑accused had previously been granted bail. The State opposed the bail application. After considering the submissions, the Court allowed the regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, while noting that the observations were prima facie and not a determination on the merits.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the charges under the IPC and Arms Act
  • Whether the lack of direct evidence and the petitioner’s alibi justify the grant of bail
  • Whether the grant of bail to a co‑accused in a similar case influences the present application

Legislation cited

Subjects

  • bail
  • IPC
  • murder
  • arms act
  • alibi
  • criminal procedure
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31158 of 2026
                        Arising Out of PS. Case No.-67 Year-2024 Thana- Pahelja P.S. District- Saran
                 ======================================================
                 Rajesh Kumar @ Rajesh Ray @ Rajesh Rai Son of Ram Barai Ray @ Barai
                 Ray Resident of Village- Manas Naya Panapur P.S -Akilpur District -Saran

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Rakesh Kumar
                 For the Opposite Party/s :         Mr.Ashok Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   14-05-2026                  Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. The petitioner seeks bail in connection with Pahleja

                   P.S. Case No. 67/2024 registered for the offences punishable

                   under Sections 147, 148, 149, 452, 380, 302, and 506 of the

                   Indian Penal Code and Section 27 of the Arms Act.

                                3. As per the prosecution case, the petitioner along

                   with other accused persons is alleged to have killed the

                   deceased. They are said to have fired three shots at the deceased.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in the

                   present case. Learned counsel further submits that the entire

                   prosecution story stands falsified from the fact that in the post-

                   mortem report of the deceased, only one gunshot injury has
Patna High Court CR. MISC. No.31158 of 2026(2) dt.14-05-2026
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          been found. He further submits that the petitioner has a clean

          antecedent and is in custody since 11.02.2026. It is further

          submitted that at the time of the alleged occurrence, the

          petitioner was not present; rather, he was working in Rohtak,

          Haryana, for earning his livelihood. It is also submitted that a

          similarly situated co-accused, Pankaj Kumar @ Pankaj Ray @

          Pankaj Rai has been granted bail by this Court on 09.10.2025 in

          Cr. Misc. No. 70001 of 2025. It is further submitted that there is

          no direct evidence against the petitioner and he has no role in

          the present case.

                       5. Learned APP for the State has opposed the prayer

          for regular bail of the petitioner.

                       6. Considering the facts and circumstances of the case

          and the submissions advanced on behalf of the petitioner, this

          application for regular bail is allowed.

                       7. Accordingly, let the petitioner, above named, be

          released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is

          pending/successor Court in connection with Pahleja P.S. Case

          No. 67 of 2024.

                       8. It is made clear that any observation made herein is
            Patna High Court CR. MISC. No.31158 of 2026(2) dt.14-05-2026
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                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T


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