Patna High Court
Raja Kumar @ Raja BabuversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 302, 307, 326, 34
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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