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Patna High Court

Raju Pandey @ Raju KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
                 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
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                       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
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                       connection with Bkhtiyarpur P.S. Case No. 339 of 2024.


                                                       (Ashok Kumar Pandey, J)

lata/-
U        T


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