Patna High Court
Raja Mallick @ Sunny Dom @ Sanni Dome @ Raja MallikversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was not granted to the petitioner as the Court found sufficient prima facie material and the offences to be grave.
Summary
The petitioner, Raja Mallick, was arrested in connection with a murder case (PS Case No. 430 of 2024) and charged under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The prosecution’s case is based on self‑inculpatory statements of co‑accused Rohit Kumar and Sparsh Kumar, CCTV footage showing the petitioner’s face, and his two prior criminal antecedents. The petitioner applied for regular bail, arguing that the evidence was only prima facie. The Court examined the seriousness of the offences, the existence of prima facie material linking the petitioner to the crime, and his custodial history. Considering the gravity of the charges and the material evidence, the Court declined to grant regular bail and dismissed the bail application. The judgment expressly limited its observations to the bail application and stated they should not affect the merits of the trial.
Issues considered
- Whether regular bail can be granted to the petitioner given the seriousness of the offences and the prima facie evidence against him
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- serious offence
- CCTV evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36991 of 2026
Arising Out of PS. Case No.-430 Year-2024 Thana- PATNA CITY CHOWK District- Patna
======================================================
Raja Mallick @ Sunny Dom @ Sanni Dome @ Raja Mallik son of Rajendra
Mallick Resident of village- Mangal Talab City In front of Fudan, Ps- Chowk,
Dist- Patna, Presently Residing at C/o Ramdeo Mahto, Near Naya Sadak
Bhawan Ps- Chowk, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh
For the Opposite Party/s : Mr. Anand Kishore Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-06-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Chowk P.S. Case No. 430 of 2024 registered for the offence
under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita,
2023 and Section 27 of the Arms Act.
3. As per the prosecution case, the deceased was
killed by the unknown criminals. The name of the petitioner has
come in the case on the basis of the self-inculpatory statement
of the co-accused Rohit Kumar and Sparsh Kumar.
4. The petitioner is in custody since 30.04.2025 and
has two criminal antecedents. The face of the petitioner was
captured in the CCTV footage. The allegations against the
Patna High Court CR. MISC. No.36991 of 2026(2) dt.30-06-2026
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petitioner are serious and grave in nature. It is contended that
there exists prima facie material against the petitioner indicating
his involvement in the commission of the offence.
5. Considering the nature and the gravity of the
offence, this Court is not inclined to grant regular bail to the
petitioner.
6. Accordingly, this application for regular bail stands
dismissed.
7. It is made clear that any observation made herein is
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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