Patna High Court
Rajesh Kumar @ Rajesh Ray @ Rajesh RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 302, 380, 452, 506
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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