Patna High Court
Raj Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Raj Kumar Rai, was in custody for alleged offences under Sections 302 and 201/34 of the Indian Penal Code relating to the murder and concealment of a dead body. His earlier bail application was rejected, but he argued that there was no material directly linking him to the crime, that co‑accused had already been granted bail, and that the trial was delayed with only two of eleven witnesses examined. The State opposed the bail on the seriousness of the charges. The Court considered the length of custody, the trial delay, and the lack of incriminating material against the petitioner. It held that the circumstances warranted the grant of regular bail. Consequently, the Court ordered the petitioner to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether regular bail should be granted to an accused of murder and related offences under Sections 302, 201 and 34 IPC.
- Whether the delay in trial and limited witness examination justify bail.
- Whether the absence of direct material linking the petitioner to the crime warrants bail.
Legislation cited
- Indian Penal Code — s. 201, 302, 34
Subjects
- regular bail
- delay in trial
- IPC Section 302
- IPC Section 201
- IPC Section 34
- murder
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.502 of 2026
Arising Out of PS. Case No.-172 Year-2023 Thana- MUZAFFARPUR RAIL P.S. District-
Saran
======================================================
Raj Kumar Rai S/o- Shankar Rai R/v- Dubaha Buzurg, W.No-5, Ps- Sakra
Dist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Kumar Jha
For the Opposite Party/s : Mr.Ram Anurag Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 24-03-2026 Heard the parties.
2. This is the second attempt of the petitioner for grant
of regular bail in connection with Muzaffarpur Rail P.S. Case
No. 172 of 2023 dated 30.05.2023 registered for the offences
punishable under Sections 302 and 201/34 of the I.P.C. Earlier
the bail application of the petitioner was rejected vide order
dated 25.10.2024 passed in Cr. Misc. No. 64585 of 2024.
3. As per the prosecution case, the allegation against
the petitioner is of calling the deceased and taking him to local
market and thereafter, the dead body of the deceased was found
near the railway track.
4. The petitioner is in custody since 2.12.2023 and it
has been submitted by the learned counsel for the petitioner that
Patna High Court CR. MISC. No.502 of 2026(4) dt.24-03-2026
2/2
though, during investigation, it has come that the petitioner, Raj
Kishore Rai and Sonu Kumar had killed the deceased but there
is no legal material against the petitioner to connect him with
the crime. Moreover, Raj Kishore Rai and Sonu Kumar have
been granted bail by this Court have been granted bail vide
order dated 21.08.2024 passed in Cr. Misc. No. 16701 of 2024.
He further submits that the trial of the petitioner is delayed and
out of 11 witnesses, only two witnesses have been examined.
5. Learned A.P.P. for the State has opposed the bail
petition of the petitioner.
6. Considering the period of custody of the petitioner
and the delay in the trial, this application is allowed and let the
petitioner, above named, be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of learned
Additional Sessions Judge-III, Muzaffarpur/concerned Court
below in connection with Muzaffarpur Rail P.S. Case No. 172 of
2023.
(Sandeep Kumar, J)
Vikas/-
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