Patna High Court
Indrajeet Kumar @ Karu Rai @ Kuru RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Indrajeet Kumar, was charged under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act for allegedly participating in the murder of an informant's brother. The prosecution alleged that the accused, along with unknown persons, intercepted the victim, abused him, and that co‑accused Sanjeet Kumar shot the victim. The petitioner’s counsel argued that no specific act was attributed to him, that he was falsely implicated, and pointed to bail being granted to similarly situated co‑accused. The State opposed bail, citing the petitioner’s two prior criminal cases. After hearing both sides, the Court found insufficient material to deny bail and ordered the petitioner to be released on a bail bond of Rs 10,000 with two sureties. The bail order was directed to be complied with by the Chief Judicial Magistrate, Saran.
Issues considered
- Whether the petitioner is entitled to bail despite being charged with murder and a firearms offence.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- IPC 34
- Arms Act 27
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35376 of 2026
Arising Out of PS. Case No.-66 Year-2024 Thana- Pahelja P.S. District- Saran
======================================================
Indrajeet Kumar @ Karu Rai @ Kuru Rai Son of BHuwar Rai @ Yagendra
Ray @ Yogendra Ray Resident of Village- Chak Apsaid, P.S.- Sonepur,
District- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bindhayachal Singh, Sr. Advocate.
Mr. Kumar Awnish Ankit, Advocate.
Mr. Risheb Ujain, Advocate.
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 06-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Pahleza P.S. Case No. 66 of 2024 registered for the offence
punishable under Sections 302/34 of the Indian Penal Code and
Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that the
named accused persons along with 3-4 unknown persons
intercepted the brother of the informant while he was coming
through Pipa Pool. It is further alleged that they all abused and
the co-accused Suraj Singh began to fire and thereafter, some
named accused persons including the petitioner caught hold of
Patna High Court CR. MISC. No.35376 of 2026(3) dt.06-07-2026
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the hand of his brother and the co-accused, Sanjeet Kumar shot
on the head of his brother.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He further submits that from perusal of the FIR, it appears
that the specific allegation is against the other co-accused
persons namely, Sanjeet Kumar. There is no specific or overt act
attributed to the petitioner. Learned counsel further submits that
similarly situated co-accused persons namely, Shailesh Ray and
Arvind Kumar has been granted bail by the learned coordinate
Bench of this Court vide Cr. Misc. No. 14003 of 2026.
Moreover, the petitioner is languishing in judicial custody since
04.04.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has got criminal
antecedent of two cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
Patna High Court CR. MISC. No.35376 of 2026(3) dt.06-07-2026
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of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Saran at Chapra in connection with Pahleza
P.S. Case No. 66 of 2024.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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