Patna High Court
Raj Kumar Singh @ Raj Kumar RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
Holding
Bail was granted to the petitioner subject to a bond and sureties under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Raj Kumar Singh, sought bail fearing arrest in a case (PS Didarganj Case No. 48 of 2025) involving offences under sections 191(2), 191(3), 190, 126(2), 109, 329(3), 352, 351(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and section 27 of the Arms Act. He alleged that the specific accusations were directed at other accused persons and that he was only alleged to be a member of the mob without any distinct charge. The State opposed the bail. The Court, after considering the facts, the lack of specific allegation against the petitioner, and the bail granted to a co‑accused, ordered bail on the condition of a Rs.10,000 bond with two sureties and compliance with section 482(2) of the BNS‑2023. The bail was to be effected within eight weeks of the order.
Issues considered
- Whether the petitioner is entitled to bail despite being named in a mob‑related offence.
- Whether the lack of specific allegation against the petitioner justifies bail.
- Whether the conditions imposed under section 482(2) of the BNS‑2023 are appropriate.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 126(2), 190, 191(2), 191(3), 329(3), 351(2), 352, 482(2)
Subjects
- bail
- criminal procedure
- mob participation
- specific allegation
- BNS-2023
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39579 of 2026
Arising Out of PS. Case No.-48 Year-2025 Thana- DIDARGANJ District- Patna
======================================================
Raj Kumar Singh @ Raj Kumar Ray S/O Late Rameshwar Singh R/O
Village- Nizampur, P.S- Didarganj, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jay Ram Prasad, Advocate
For the Opposite Party/s : Mr.Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 191(2)/ 191(3)/ 190/
126(2)/ 109/ 329(3)/ 352/ 351(2) of the BNS-2023 & 27 of
Arms Act.
3 . Allegedly, on the fateful day, while the informant
was engaged in construction work, in the meanwhile 15 named
accused persons, including the petitioner and 10 unknown
persons, came there and started making obstruction and took
away the construction articles; however, in the meanwhile, the
police came there and they left the articles and fled way.
4. It is submitted on behalf of the petitioners that
specific accusation is against other accused persons. So far as,
Patna High Court CR. MISC. No.39579 of 2026(2) dt.23-06-2026
2/2
this petitioner is concerned, he is only alleged to be member of
mob. No specific allegation is attributed against him. Similarly
situated co-accused person namely, Munna Kumar has already
been granted bail by Co-ordinate Bench of this Hon’ble Court
vide order dated 24.12.2025 in Cr. Misc. No. 85259 of 2025.
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the aforesaid facts, materials available
on record and other circumstances of the case , in the event of
arrest or surrender within eight weeks from today, let the
petitioner, as named above, be enlarged on bail on furnishing
bail bond of Rs.10,000/-(ten thousand) with two sureties of the
like amount each to the satisfaction of the learned JMFC , Patna
City, Patna in connection with Didarganj P.S. Case No. 48 of
2025 , subject to the conditions laid down under section 482(2)
of the Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/Alok
Raj-
U T
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