Created by Fuzzy Cloud

Patna High Court

Niraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            3/4




          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/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.