Patna High Court
Ramesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner as the evidence does not directly implicate him and similar co‑accused have been released on bail.
Summary
The petitioner, Ramesh Kumar, was arrested on 28‑11‑2025 in connection with FIR No. 14‑07‑2025 alleging offences under Sections 61(2) and 103(1) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. He sought bail, claiming he was falsely implicated and that the victim’s statement did not mention him. The prosecution opposed bail, citing other witnesses and a separate pending case. The court noted that co‑accused persons in the same case had already been granted bail by coordinate benches and that the victim’s statement omitted any reference to the petitioner. Considering these factors, the court ordered bail on a Rs.10,000 bond with two sureties and imposed conditions for trial cooperation and non‑tampering with evidence. The bail order was directed to the Chief Judicial Magistrate, Begusarai, without delay for antecedent verification.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the Bihar Narcotic Substances Act, 2023 and the Arms Act.
- Whether the absence of the petitioner’s name in the victim’s statement and the grant of bail to co‑accused justify granting bail to the petitioner.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 61(2)
Subjects
- bail
- criminal procedure
- Arms Act
- Bihar Narcotic Substances Act
- evidence
- co‑accused
- trial cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33929 of 2026
Arising Out of PS. Case No.-75 Year-2025 Thana- LAUHIYANAGAR District- Begusarai
======================================================
Ramesh Kumar S/O Ranjeet Mahto @ Ranjeet Maht Mahto R/O Village-
Birpur, P.S- Birpur, Distt.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Thakur, Advocate
: Mr.Purushottam Kumar, Advocate
For the Opposite Party/s : Mr.Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 08-07-2026 Heard Mr.Ajay Kumar Thakur, learned counsel for
the petitioner and Mr.Ram Anurag Singh, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
28.11.2025 in connection with Lohiyanagar P.S. Case No. 75
of 2025, F.I.R. dated 14.07.2025 registered for the offence
punishable under Sections 61(2), 103(1) of BNS, 2023 and
Section 27 of Arms Act.
3. Allegation against the petitioner is that he
alongwith others fired upon the deceased and other person due
to which informant’s husband died and other person sustained
injury.
4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.33929 of 2026(3) dt.08-07-2026
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submits that the petitioner has falsely been implicated in the
present case. As per allegation in the FIR, the petitioner
alongwith other co-accused persons have fired upon the
deceased and one Prince Kumar and deceased has died on the
spot and Prince Kumar has received the injury. Learned counsel
for the petitioner submits that during course of investigation the
police has recorded the statement of Prince Kumar which was
recorded in paragraph-119 of the case diary in which he has not
stated anything about the petitoner and co-accused person,
namely, Alok Kumar and Rahul Kumar, against whom the
similar allegation, have been granted bail by a Coordinate
Bench of this Hon’ble Court vide order dated 23.02.2026 passed
in Cr. Misc. No.90261 of 2025 and co-accused person, namely,
Shubham Kumar has been granted bail by this Court vide order
dated 03.04.2026 passed in Cr. Misc. No.12748 of 2026 and the
police, after investigation, submitted chargesheet against the
petitioner and the petitioner is in custody since 28.11.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner has
participated in the present crime in question and a number of
witnesses have supported the case of the prosecution, apart from
that, the petitioner carries one more case other than the present
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one but he fairly submits that the petitioner is on bail in the said
case, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, injured person has
not taken the name of the petitioner and similarly situated co-
accused persons have been granted bail by a Coordinate Bench
of this Hon’ble Court or by this Court, let the petitioner, above
named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Begusarai in connection with Lohiyanagar P.S. Case No. 75 of
2025, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
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criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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