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Patna High Court

Raja Kumar @ Raja BabuversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Regular bail was denied because the petitioner was alleged to be a principal assailant in serious offences involving murder and use of firearms.

Summary

The petitioner, Raja Kumar, was charged under Sections 302, 326, 307, 120B, 34 of the IPC and Section 27 of the Arms Act for allegedly firing indiscriminately at the father and brother of an informant, resulting in the father's death. He had previously been granted provisional bail for a police recruitment examination but was now seeking regular bail. The prosecution presented evidence that the petitioner was identified as one of the assailants by a trial witness. The court noted that a co‑accused in similar circumstances had also been denied bail. Considering the gravity of the offences and the petitioner’s alleged involvement, the judge declined to grant bail and rejected the application.

Issues considered

  • Whether regular bail can be granted to an accused of murder, attempt to murder, and offences under the Arms Act pending trial
  • Whether the existence of a provisional bail for a separate matter affects the grant of regular bail in the criminal case

Legislation cited

Subjects

  • bail
  • murder
  • attempt to murder
  • conspiracy
  • arms act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45446 of 2025
                       Arising Out of PS. Case No.-349 Year-2023 Thana- KOTWALI District- Munger
                 ======================================================
                 Raja Kumar @ Raja Babu S/o Late Mithilesh Prasad Yadav R/o Village-
                 Khemka, Ward No.7, P.S.- Kotwali and District- Munger

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. P.N. Shahi, Sr. Advocate
                                                  Mr. Surendra Kr Singh
                 For the Opposite Party/s :       Mr. Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   12-02-2026                   Heard the learned Senir counsel for the petitioner and

                   the learned APP for the State.

                                 2. This is the 2nd attempt of the petitioner. The

                   petitioner seeks bail in connection with Kotwali (Basudeopur)

                   P.S. Case No. 349 of 2023 registered for the offence under

                   Sections 302, 326, 307, 120B/34 of the Indian Penal Code and

                   Section 27 of the Arms Act. Earlier the bail application of the

                   petitioner was rejected on 22.02.2024 in Cr. Misc. No. 10478 of

                   2024.

                                 3. As per the prosecution case, the petitioner along

                   with some accused persons have indiscriminately fired upon the

                   father and brother of the informant. Both the father and brother

                   of the informant received gun shot injury, as a result of which,
            Patna High Court CR. MISC. No.45446 of 2025(4) dt.12-02-2026
                                                        2/2




                      the informant’s father died on spot.

                                   4. Mr. P.N. Shahi, the learned Senior Counsel

                      appearing for the petitioner produces a surrender slip of the

                      petitioner who was granted provisional bail on 09.01.2026 to

                      appear in the examination for Recruitment of Sub-Inspector of

                      Police.

                                   5. So far as the merits of the case is concerned, the

                      petitioner has been named as one of the assailants of the

                      deceased by a witness in his deposition in the trial. This Court

                      had earlier rejected the bail application of similarly situated co-

                      accused Santosh Kumar Sharma on 09.01.2026, who was also

                      named as an assailant.

                                   6. In view of the above, I am not inclined to grant bail

                      to the petitioner.

                                   7. Accordingly, this application for regular bail is

                      hereby rejected.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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