Patna High Court
Rajesh Kumar Gurmaita @ Rajesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that, given the non‑specific nature of the allegations, the petitioner's clean antecedent, and the filing of the chargesheet, bail should be granted.
Summary
Petitioner Rajesh Kumar Gurmaita was charged in a case arising from a land dispute where co‑accused fired on an informant, causing injuries. The prosecution alleged that the petitioner later surrounded the informant, but the allegation against him was non‑specific and he maintained a clean antecedent. Counsel argued that the petitioner was falsely implicated, the charges were general, and a chargesheet had already been filed while he had been in custody since 15‑10‑2025. The State opposed bail. Considering the lack of specific evidence against the petitioner, his clean record, and the filing of the chargesheet, the court granted bail on a bond of Rs 10,000 with two sureties and conditions under Section 480(3) of the B.N.S.S., along with other standard bail conditions.
Issues considered
- Whether the petitioner is entitled to bail despite charges under the B.N.S. 2023 and the Arms Act.
- Whether non‑specific allegations and a clean antecedent justify granting bail.
- Whether the conditions prescribed under Section 480(3) of the B.N.S.S. are applicable.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 109, 115(2), 126(2), 3(5), 480(3), 61(2)
Subjects
- bail
- false implication
- land dispute
- Arms Act
- criminal procedure
- non‑specific allegation
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4272 of 2026
Arising Out of PS. Case No.-141 Year-2025 Thana- KHAJAULI District- Madhubani
======================================================
Rajesh Kumar Gurmaita @ Rajesh Kumar Yadav S/o Dhanik Lal Gurmaita,
R/o Village - Sukki, P.S - Khajauli, District - Madhubani.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate
Mr. Ranjay Kumar, Advocate
Mr. Ravi Prakash, Advocate
Mr. Udeshya Kumar Yadav, Advocate
For the Opposite Party/s : Mr.Arun Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Khajauli P.S. Case No. 141 of 2025 dated
17.07.2025, registered for the offences punishable under
Sections 126(2), 115(2), 109 and 61(2) read with Section 3(5) of
the B.N.S., 2023 and Section 27 of the Arms Act.
3. As per the prosecution case, the co-accused
persons surrounded the motorcycle of the informant and co-
accused Suresh Paswan and Nand Kishore Singh fired upon the
informant and the informant received fire-arm injuries and fell
down. Thereafter, this petitioner and other co-accused persons
surrounded him. The informant was thereafter, referred to higher
Patna High Court CR. MISC. No.4272 of 2026(2) dt.28-01-2026
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centre for his treatment. The whole occurrence took place in the
background of land dispute with co-accused persons.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has falsely been implicated in
the present case. The allegation against the petitioner is general
and omnibus with other co-accused persons. Altogether, nine
persons have been made accused in this case including the
petitioner, but the allegation is levelled mainly against co-
accused persons, namely Ashok Kumar Singh, Suresh Paswan
and Nand Kishore Singh. The background of land dispute is
admitted. Learned counsel next submits that petitioner is having
clean antecedent and chargesheet has been submitted. Learned
counsel lastly submits that petitioner is in custody since
15.10.2025.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
non-specific nature of allegation levelled against the petitioner
and also considering petitioner’s clean antecedent, his period of
custody and submission of chargesheet, the petitioner, above-
named, is directed to be released on bail, on furnishing bail
Patna High Court CR. MISC. No.4272 of 2026(2) dt.28-01-2026
3/3
bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two
sureties of the like amount each to the satisfaction of learned
Judicial Magistrate 1st Class, Madhubani / concerned Court, in
connection with Khajauli P.S. Case No. 141 of 2025, subject to
the condition laid down under Section 480(3) of the B.N.S.S.
and other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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