Patna High Court
Rajesh Kumar @ BabajiaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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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