Patna High Court
Rajmani BindversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court held that bail should be granted to the petitioner.
Summary
Petitioner Rajmani Bind was charged under several sections of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act for allegedly assaulting and shooting the husband of an informant, resulting in his death. The prosecution alleged that the petitioner and a co-accused fired a pistol, but the post‑mortem showed only a single gunshot injury with no evidence linking the petitioner to the shot. The petitioner argued innocence, citing lack of material identifying the shooter, prior enmity, the deceased's criminal background, and his own clean record despite being in custody since January 2025. The State opposed bail, emphasizing the seriousness of the offences. After considering the evidentiary gaps and the petitioner’s circumstances, the court ordered his release on bail upon furnishing a Rs 10,000 bond with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite being charged with serious offences under the Bhartiya Nyaya Sanhita and the Arms Act
- Whether the prosecution evidence sufficiently links the petitioner to the fatal gunshot
- Whether the petitioner’s lack of prior criminal record and the circumstances of the case justify bail
Legislation cited
- Arms Act — s. 27
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 115(2), 118(1), 126(2), 3(5)
Subjects
- bail
- criminal procedure
- murder
- firearms
- evidence
- pre‑trial detention
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3845 of 2026
Arising Out of PS. Case No.-649 Year-2024 Thana- DHANARUA District- Patna
======================================================
Rajmani Bind, S/o- Biranchi Bind, Resident of Village- Bir P.S.- Dhanarua
Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Dhanarua P.S. Case No. 649 of 2024 dated 14.11.2024
instituted for the offence punishable under Sections 126(2),
115(2), 118(1), 103(1), 3(5) of the Bhartiya Nyaya Sanhita,
2023 and Section 27 of the Arms Act.
3. The prosecution case, in short, is that when the
husband of the informant was going to field to irrigate the crops,
the petitioner and other accused persons on account of previous
enmity started abusing and assaulting her husband by means of
knife. It is alleged that the petitioner and co-accused, namely,
Sonu Bind @ Ledaha fired on her husband from country made
pistols due to which he sustained firearm injury on his head and
Patna High Court CR. MISC. No.3845 of 2026(3) dt.24-02-2026
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consequently, he died.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. Learned counsel for the petitioner further submits that
there is specific allegation against the petitioner and Sonu Bind
@ Ledaha that they fired on the deceased due to which he died.
The post-mortem report reveals that only one gun-shot injury
was found on the body of the deceased. There is no material on
record to suggest that from whose gunshot injury the deceased
died. It is further submitted that there is admitted previous
enmity between the parties due to which the petitioner has been
made accused in this case. The deceased was also a person of
criminal background and he was convicted in Sessions Trial No.
1038 of 2019 and was granted bail by this Court. Lastly, it has
been submitted that the petitioner is in custody since 08.01.2025
having no criminal antecedents. Charge-sheet has been
submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioner.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Patna High Court CR. MISC. No.3845 of 2026(3) dt.24-02-2026
3/3
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned S.D.J.M., Masaurhi in
connection with Dhanarua P.S. Case No. 649 of 2024.
(Khatim Reza, J)
premchand/-
U T
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