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Patna High Court

Raja KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner.

Summary

Raja Kumar was arrested in connection with a case registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The prosecution alleged that Karan Kumar and Sagar Kumar fired upon the victim, while the petitioner claimed innocence and a clean antecedent. He applied for regular bail, arguing that the allegations were general and omnibus. The State opposed the bail, but the court, after considering the facts and the petitioner’s clean record, allowed the bail application. The court ordered his release on a bail bond of Rs.10,000 with two sureties, noting that its observations were prima facie and not a determination on the merits of the case.

Issues considered

  • Whether regular bail should be granted to the petitioner despite the serious charges under the Bharatiya Nyaya Sanhita and the Arms Act
  • Whether the allegations against the petitioner constitute sufficient ground to deny bail

Legislation cited

Subjects

  • regular bail
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • high court
  • criminal procedure
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39687 of 2026
                          Arising Out of PS. Case No.-81 Year-2026 Thana- DELHA District- Gaya
                 ======================================================
                 Raja Kumar S/o Pradip Raut Resident of Village- Dhanawan (Nawan), P.S.-
                 Bodhgaya, Distt.- Gaya

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vijay Kumar
                 For the Opposite Party/s :        Mr. Pranav Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   22-06-2026                   Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                 2. The petitioner seeks regular bail in connection with

                   Delha P.S. Case No. 81 of 2026 registered for the offence under

                   Section(s) 126(2), 115(2), 118(2), 109, 352, 351(2) and 3(5) of

                   the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms

                   Act.

                                 3. As per the prosecution case, Karan Kumar and

                   Sagar Kumar are said to have fired upon the victim.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 08.04.2026 and has clean

                   antecedent. There is general and omnibus allegation against the

                   petitioner.
            Patna High Court CR. MISC. No.39687 of 2026(2) dt.22-06-2026
                                                        2/2




                                   5. Learned A.P.P. for the State has vehemently

                      opposed the prayer for bail.

                                   6. Considering the aforesaid facts and circumstances

                      and the allegation levelled against the petitioner, this application

                      for regular bail is allowed.

                                   7. Accordingly, let the petitioner, above named, be

                      released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Court below where the case is

                      pending/successor Court in connection with Delha P.S. Case No.

                      81 of 2026.

                                   8. 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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