Patna High Court

Ramjee Prasad @ Ramji PrasadversusThe State of Bihar

Decided: 2 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioners.

Summary

Ramjee Prasad and his son Rahish Prasad were arrested in connection with the shooting death of Ravi Kumar during a wedding ceremony, alleged under Sections 103(1) and 3(5) of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act. The prosecution claimed the petitioners caught the deceased but did not allege that they fired the fatal shot, which investigation indicated was fired by a third person, Birendra Kumar. The petitioners, having no prior criminal record and being in judicial custody since 10‑10‑2025, applied for regular bail. The State opposed the bail, but the court, after considering the lack of direct evidence against the petitioners, ordered their release on bail upon furnishing a bond of Rs.10,000 each with two sureties. The order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

Whether regular bail should be granted to the petitioners despite the charges under the Arms Act and other statutes.
Whether the absence of direct evidence linking the petitioners to the firing of the weapon warrants bail.

Legislation cited

Arms Act — s. 27
Bihar Negotiable Instruments Act — s. 103(1), 3(5)

Subjects

regular bail
Arms Act
murder
shooting
judicial custody
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4715 of 2026
                      Arising Out of PS. Case No.-303 Year-2025 Thana- DHANARUA District- Patna
                 ======================================================
           1.     Ramjee Prasad @ Ramji Prasad Son of Late Ramchandra Prasad Residents
                  of Village - Muradchak, P.S.- Dhanarua, District - Patna.
           2.     Rahish Prasad @ Rahish Kumar Son of Ramji Prasad Residents of Village -
                  Muradchak, P.S.- Dhanarua, District - Patna.
                                                                         ... ... Petitioner/s
                                                    Versus
                 The State of Bihar                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dewanand Tiwari, Advocate
                 For the Opposite Party/s :      Mr. Anish Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   02-02-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners have prayed for regular bail in a case

                   registered for the offence punishable under Sections 103(1), &

                   3(5) of the BNS and under Section 27 of the Arms Act.

                                3. The case of the prosecution, in short, is that on

                   11.05.2025, Ravi Kumar @ Hitesh, the son of the informant had

                   gone to Ramji Prasad’s house in the marriage ceremony of his

                   cousin. In the same sequence, at around 01:45 A.M. of 12.05.2025,

                   the jaimala ceremony was going on. Meanwhile, climbing on the

                   jaimala stage, there was a scuffle on the stage. Seeing this, Ravi

                   Kumar @ Hitesh was caught by Ramji Prasad and Ramji Prasad’s

                   son and in the moment an unknown person took out the pistol and

                   shot at Ravi Kumar @ Hitesh on his head due to which he fell
            Patna High Court CR. MISC. No.4715 of 2026(2) dt.02-02-2026
                                                        2/2




                      down and later on died.

                                   4. Learned counsel for the petitioners submits that from

                      perusal of the FIR itself it is clear that there is no allegation against

                      the petitioners that they have fired at the deceased Ravi Kumar.

                      During course of investigation it has come that one Birendra

                      Kumar has fired the bullet which hit the deceased. Learned

                      counsel for the petitioners has further submitted that only

                      allegation against the petitioners is that they have caught the

                      deceased. Learned counsel for the petitioners has lastly submitted

                      that the petitioners are having no criminal antecedent and they are

                      in judicial custody since 10.10.2025.

                                   5. Learned Additional Public Prosecutor for the State

                      has vehemently opposed the present bail application.

                                   6. Considering the aforesaid facts and circumstances of

                      the case, this court is inclined to enlarge the petitioners on bail.

                      The above named petitioners are directed to be released on bail in

                      connection with Dhanarua P.S. Case No. 303 of 2025 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) each of them

                      with two sureties of the like amount each to the satisfaction of

                      learned S.D.J.M., Masaurhi (Patna).



                                             (Ashok Kumar Pandey, J)
durgesh/-
U      T

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