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Patna High Court

Raja Kumar @ Raja PanditversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail is denied to the petitioner at this stage.

Summary

The petitioner, Raja Kumar, sought bail in a case involving alleged offences of dacoity, attempt to murder, and illegal possession of arms, based on an FIR where his name appeared only through a co-accused's confessional statement. He contended that he was falsely implicated and that the co-accused's statement lacks evidentiary value. The State opposed bail, highlighting the petitioner’s alleged involvement in firing at the informant and his nine prior criminal convictions. The Court, considering the seriousness of the offences, the petitioner’s criminal antecedents, and the circumstances of the case, refused to grant bail at this stage. The trial court was directed to expedite the trial, and the petitioner was allowed to renew a bail application after six months if the trial remains pending.

Issues considered

  • Whether bail should be granted to the petitioner given the nature of the offences (IPC 394, 307, 411 and Arms Act 27) and his criminal antecedents.
  • Whether the confessional statement of a co-accused is sufficient to implicate the petitioner for the purpose of bail.
  • Whether the petitioner poses a risk of tampering with evidence or influencing the investigation.

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • Arms Act
  • dacoity
  • attempt to murder
  • false implication
  • criminal antecedents
  • trial expedite

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.48324 of 2025
                   Arising Out of PS. Case No.-154 Year-2023 Thana- HAJIPUR SADAR District- Vaishali
                 ======================================================
                 Raja Kumar @ Raja Pandit S/o Bablu Jha @ Rajesh Kumar Jha R/o Village-
                 Shubhai, P.S.- Hajipur Sadar, District- Vaishali
                                                                         ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shivjee Singh, Advocate
                 For the Opposite Party/s :       Mr.Dr.Mrityunjaya Kr.Gautam, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

6   28-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State and perused the case diary.

                                2. The petitioner seeks bail in connection with Hajipur

                   Sadar P.S. case No. 154 of 2023 instituted for the offences under

                   Sections 394, 307 of the Indian Penal Code and Section 27 of

                   the Arms Act.

                                3. Prosecution case, in short, is that on the alleged

                   date and time of occurrence, three unknown miscreants

                   intercepted the informant and one of them fired upon him and

                   the bullet hit him on his belly. In the meantime, one of the

                   miscreants snatched the mobile phone of the informant and the

                   other miscreants took his Scooty and fled away. It is further

                   alleged that during the course of fleeing away one miscreant

                   fired which hit on the leg of the informant.
Patna High Court CR. MISC. No.48324 of 2025(6) dt.28-01-2026
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                       4. Learned counsel for the petitioner submitted that

          the petitioner has falsely been implicated in the present case.

          Petitioner is not named in the FIR rather his name has transpired

          on the basis of confessional statement of co-accused Uttam

          Kumar, which has no evidentiary value in the eye of law.

          Charge-sheet has been submitted in this case under Sections

          394, 307, 411 of the Indian Penal Code and Section 27 of the

          Arms Act. Learned counsel for the petitioner further submits

          that other co-accused has been granted bail by a Co-ordinate

          Bench of this Court vide order dated 08.05.2024 passed in Cr.

          Misc. No. 935 of 2024. It has been submitted on behalf of the

          petitioner that the petitioner is in custody since 21.12.2024 and

          has nine criminal antecedents.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner. He further

          submitted that on perusal of the case diary it appears that

          petitioner has fired, which hit on the leg of the informant. He

          further submits that petitioner has nine criminal antecedents.

                       6. Considering the aforesaid facts and circumstances

          of the case, nature of offence, this Court is not inclined to grant

          bail to the petitioner at this stage.

                       7. Accordingly, the prayer for grant of bail to the
           Patna High Court CR. MISC. No.48324 of 2025(6) dt.28-01-2026
                                                       3/3




                     petitioner is, hereby, rejected.

                                  8. Learned Trial Court is directed to expedite the trial.

                                  9. However, liberty is granted to the petitioner to

                     renew the prayer for grant of bail before the Trial Court if the

                     trial is not concluded within a period of six months from today.

                     If any such application is filed before the learned court below,

                     the court concerned shall consider the same on its own merit

                     without being prejudiced by this order.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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