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Patna High Court

Rajesh Kumar @ BabajiaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioners subject to a bond, sureties and conditions.

Summary

The petitioners, Rajesh Kumar and Bikesh Kumar, were arrested in connection with PS Nawkothi Case No. 102 of 2025 for alleged offences under Sections 132, 109(1), 310(4), 310(5), 317(5), 61(2) of the Bihar Non‑Uniformed Service Act and Sections 25(1‑B)(a), 26, 35 and 27 of the Arms Act. The prosecution alleged that the accused opened fire on police, leading to a shoot‑out, and that arms and ammunition were recovered from a co‑accused, while the petitioners fled the scene. The petitioners contended they were falsely implicated, had no specific allegations against them, possessed clean antecedents and had been in custody since 19‑Nov‑2025. The State opposed bail, citing the seriousness of the charges. The Court, after considering the facts, directed that bail be granted on a bond of Rs 10,000 each with two sureties, subject to cooperation with the trial and verification of criminal antecedents. The order also provided that bail could be cancelled if the petitioners are found involved in other cases.

Issues considered

  • Whether regular bail can be granted to accused persons facing serious offences under the Bihar Non‑Uniformed Service Act and the Arms Act.
  • Whether the allegations against the petitioners are specific enough to justify denial of bail.

Legislation cited

  • Arms Act — s. 25(1‑B)(a), 26, 27, 35

Subjects

  • regular bail
  • bail bond
  • Arms Act
  • Bihar Non‑Uniformed Service Act
  • serious offences
  • criminal procedure
  • presumption of innocence

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.6030 of 2026
                  Arising Out of PS. Case No.-102 Year-2025 Thana- NOWKOTHI GARHPURA District-
                                                        Begusarai
                 ======================================================
                 Rajesh Kumar @ Babajia S/o Ram Dayal Mahto R/o Village - Ward No. 13
                 Samsa, P.S - Nawkothi, District - Begusarai
                                                                       ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                                                      with
                            CRIMINAL MISCELLANEOUS No. 6894 of 2026
                  Arising Out of PS. Case No.-102 Year-2025 Thana- NOWKOTHI GARHPURA District-
                                                        Begusarai
                 ======================================================
                 Bikesh Kumar @ Vikash Kumar S/o Hareram Mahto @ Hareram Bhagat R/o
                 Village- Samsa, P.S- Nawkothi, Dist- Begusarai.
                                                                        ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 6030 of 2026)
                 For the Petitioner/s     : Mr.Randhir Kumar No 1
                 For the Opposite Party/s : Mr.Aditya Narayan Singh.1
                 (In CRIMINAL MISCELLANEOUS No. 6894 of 2026)
                 For the Petitioner/s     : Mr.Randhir Kumar No 1
                 For the Opposite Party/s : Mr.Aditya Narayan Singh.1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   04-02-2026                  Heard the learned counsel for the petitioners as well

                   as the learned Additional Public Prosecutor for the State.

                              2. The petitioners are seeking regular bail in

                   connection with Nawkothi P.S. Case No. 102 of 2025, registered

                   for the offences punishable under Sections 132, 109(1), 310(4),

                   310(5), 317(5), 61(2) of the BNS and Sections 25(1-B) (a) 26,

                   35 and 27 of the Arms Act.
Patna High Court CR. MISC. No.6030 of 2026(2) dt.04-02-2026
                                            2/3




                       3. As per the prosecution case, the informant, namely

          Dinesh Kumar, Sub-Inspector, Naavkothi, along with a police

          team, on receiving confidential information, went to village

          Samsha, where several accused persons allegedly opened fire

          upon the police party, in response to which the police also

          resorted to firing. It is alleged that one of the accused persons,

          namely       Ranveer       Mahto,       sustained   injuries   and   was

          apprehended, from whose possession arms and ammunition

          were recovered, while the remaining accused persons, including

          the present petitioners, are alleged to have fled away from the

          place of occurrence.

                       4. The learned counsel for the petitioner has submitted

          that the petitioners are innocent and have falsely been

          implicated in this case. They were not arrested at the spot and

          nothing was recovered from their possession. There is no

          specific allegation against them. The allegations are general and

          omnibus. The petitioners are persons of clean antecedents and

          have been in custody since 19.11.2025.

                       5. On the other hand, the learned APP for the State has

          opposed the prayer for bail.

                       6. Considering the above-mentioned facts and

          circumstances, let the petitioners above-named, are directed to
           Patna High Court CR. MISC. No.6030 of 2026(2) dt.04-02-2026
                                                       3/3




                     furnish bail bond and on doing so, the court below shall release

                     the petitioners on bail on furnishing bail bonds of Rs.10,000/-

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

                     of learned JMFC, Begusarai/concerned court in connection with

                     Nawkothi P.S. Case No. 102 of 2025, subject to the following

                     conditions that the petitioners shall cooperate in the disposal

                     of trial and make themselves available as and when required by

                     the court.

                                  7.After release of the petitioners on bail, their

                     criminal antecedents shall be verified and if it is found that

                     they are involved in any other case except the present one,

                     their bail bonds shall be cancelled.


                                          (Nawneet Kumar Pandey, J)

Nirmal/-
U      T


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