Patna High Court
Raja KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(2), 126(2), 3(5), 351(2), 352
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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