Patna High Court
Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court grants bail to the petitioners with specified conditions.
Summary
The petitioners, Shashi Raj and Niraj Kumar, were arrested in connection with a robbery‑and‑assault case (Shahpur P.S. Case No.14 of 2025) alleged under sections 109, 309(4), 324(4), 3(5) of the Bharatiya Nyaya Sanhita and section 27 of the Arms Act. They had been in custody since 2 February 2025 and sought bail, assuring the court of diligent appearance in the trial. The State opposed bail, contending the seriousness of the offences and the petitioners’ role. The High Court, noting the prolonged pre‑trial detention and the petitioners’ undertaking, granted bail subject to a Rs 10,000 bond, two sureties, and several conditions regarding appearance, non‑interference with witnesses, and abstention from further offences. The order was pronounced by Justice Rajiv Roy.
Issues considered
- Whether bail should be granted to the accused who have been in custody for over a year for offences under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the conditions imposed by the court are sufficient to ensure the accused’s attendance and prevent tampering with evidence.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109, 309(4), 324(4), 3(5)
Subjects
- bail
- pre‑trial detention
- robbery
- assault
- Arms Act
- Bharatiya Nyaya Sanhita
- high court order
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42446 of 2026
Arising Out of PS. Case No.-14 Year-2025 Thana- Shahpur P.S. District- Nawada
======================================================
Shashi Raj S/O Sunil Kumar Resident of Village- Mogalchak, P.S- Belchhi,
District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 45838 of 2026
Arising Out of PS. Case No.-14 Year-2025 Thana- Shahpur P.S. District- Nawada
======================================================
Niraj Kumar S/o Late Kishori Prasad Singh R/o Village- Karnauti, P.S-
Bakhtiyarpur, Dist- Patna, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 42446 of 2026)
For the Petitioner/s : Mr. Surya Prakash, Advocate
For the State : Mr. Satyendra Prasad, Advocate
(In CRIMINAL MISCELLANEOUS No. 45838 of 2026)
For the Petitioner/s : Mr. Deepak Kumar, Advocate
For the State : Mrs. Madhuri Lata, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 03-07-2026 Heard Mr. Suraj Narain Yadav, learned counsel
for the petitioner in Cr. Misc. No.42446 of 2026 and Mr.
Deepak Kumar, learned counsel for the petitioner in Cr. Misc.
No. 45838 of 2026 as also learned APP representing the State.
2. The petitioners are in custody in connection with
Shahpur P.S. Case No. 14 of 2025 for the offence punishable
Patna High Court CR. MISC. No.42446 of 2026(2) dt.03-07-2026
2/4
under sections 109, 309(4), 324(4) and 3(5) of the Bharatiya
Nyaya Sanhita and section 27 of the Arms Act, lodged on
27.01.2025 by the informant, Sarwar Ali.
3. As per the prosecution story, the allegation is that
informant was given Rs. 19 lakh from his brother, Imran Ali for
purchase of cattle. He was moving on a Bolero alongwith others
towards the cattle market near Shahpur and as they reached the
'Hat', the bag containing the money was kept in the vehicle and
was locked. Later, they heard the sound of firing and came to
know that the accused by filing undiscriminating broke the
window glass of the vehicle and the bag was taken away. In the
process, the driver was also shot at by them. The cattle owner
called the Police and took the driver to the Primary Health
Centre for treatment. This followed the FIR.
4. Learned counsel for the petitioners jointly submit
that they have already suffered by being in custody since
02.02.2025, if granted relief, they shall be diligently appearing
in trial failing which the State shall be taking steps for
cancellation of bail bond.
5. Learned APP opposes the prayer for bail submitting
that their role has come in the matter.
6. Taking into account the submissions of the parties
Patna High Court CR. MISC. No.42446 of 2026(2) dt.03-07-2026
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as also that they have remained in custody since 02.02.2025 and
an undertaking has been given that they shall be diligently
appearing in trial, in that background, this Court is inclined to
extend them the privilege of bail with conditions.
7. Let the petitioners be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten thousand) each with
two sureties of like amount each to the satisfaction of learned
Additional Sessions Judge-IX, Nawada, in connection with
Shahpur P.S. Case No. 14 of 2025 subject to the following
conditions:
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioners shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of their
bail bond by the Trial Court itself;
(iii) the petitioners shall appear before the concerned
police station every month for six months to mark their
attendance and at the end of the period a report be submitted
before the Trial Court;
Patna High Court CR. MISC. No.42446 of 2026(2) dt.03-07-2026
4/4
(iv) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Rajiv Roy, J)
vinayak/-
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