Patna High Court
Raju Pandey @ Raju KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Raju Pandey, was charged with offences under IPC sections 147, 148, 149, 302, 120B and Arms Act section 27 for allegedly being part of a group that shot and killed the informant’s son on 12 June 2024. The petitioner claimed he was falsely implicated, that the specific allegation of firing pertained to co‑accused Gauri Rai, and that he had no criminal antecedents, having been in custody since 17 March 2026. The State opposed bail, citing the seriousness of the charges. The Court examined the facts, noted that a similarly situated co‑accused had already been granted bail, and found no substantive evidence directly linking the petitioner to the shooting. Consequently, the Court ordered the petitioner’s release on regular bail upon furnishing a bond of Rs. 10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether the petitioner, charged with serious offences including murder and unlawful possession of arms, is entitled to regular bail.
- Whether the presence of co‑accused who have been granted bail influences the bail decision for the petitioner.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 147, 148, 149, 302
Subjects
- bail
- IPC
- Arms Act
- murder
- criminal procedure
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40968 of 2026
Arising Out of PS. Case No.-339 Year-2024 Thana- BAKHTIYARPUR District- Patna
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Raju Pandey @ Raju Kumar S/o- Surendra Pandey R/v- Naya Tola Bariyarpur
Ps- Bakhtiyarpur Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Kashyap, Advocate
For the Opposite Party/s : Mr. Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 147, 148,
149, 302, 120B of I.P.C. and Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that on
12.06.2024 at 4:15 P.M., the informant saw that co-accused
persons, namely, Biru Rai and Pankaj Kumar were abusing the
son of the informant near the house of co-accused Gauri Rai
and co-accused Niraj Kumar and his brother were holding the
hand of the informant’s son. When the informant ran to save
his son, co-accused Gauri Rai fired upon the chest of the
informant’s son due to which he subsequently died.
Patna High Court CR. MISC. No.40968 of 2026(2) dt.25-06-2026
2/3
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner has submitted that the
nature of allegation against the petitioner is general and
omnibus. The specific allegation of firing is against co-accused
Gauri Rai. It has further been submitted that similarly situated
co-accused Niraj Kumar @ Vivek Kumar has already been
granted bail by learned co-ordinate Bench of this Court vide
Cr. Misc. No. 87300 of 2024. It has further been submitted that
in this case, charge-sheet has been submitted against the
petitioner. He is having no criminal antecedent and he is
languishing in judicial custody since 17.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court
is inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Court
of District and Additional Sessions Judge-II, Barh, Patna in
Patna High Court CR. MISC. No.40968 of 2026(2) dt.25-06-2026
3/3
connection with Bkhtiyarpur P.S. Case No. 339 of 2024.
(Ashok Kumar Pandey, J)
lata/-
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