Patna High Court
Rajeev KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Petitioner Rajeev Kumar applied for regular bail in a case registered under Section 109 of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act. The prosecution alleged that two motorcycle‑borne miscreants shot an informant, but the petitioner was not named in the FIR and the only evidence against him was a confessional statement. The petitioner had been in custody since 18‑11‑2024 and no Time Investigation Report (TIP) had been prepared. The State opposed bail, citing the petitioner’s criminal antecedents. The Court, noting the lack of formal charges in the FIR and the absence of a TIP, granted bail on a bond of Rs.10,000 with two sureties, subject to the petitioner’s cooperation in the trial.
Issues considered
- Whether regular bail should be granted when the accused is not named in the FIR and no TIP has been filed.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 109
Subjects
- regular bail
- FIR
- TIP
- criminal antecedents
- Arms Act
- Section 109 BNS
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60611 of 2025
Arising Out of PS. Case No.-219 Year-2024 Thana- PURAINI District- Madhepura
======================================================
Rajeev Kumar S/o- Sri Dilip Ram @ Vimal Ram@Bimal Kumar Ram
Village- Puraini W.No-12, Ps- Puraini Dist- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Chand Prasad
Mr. Manoj Kumar
Mr.Pooja Prasad
For the State : Mr. J.N.Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 13-01-2026 Heard learned counsel for the parties.
2. In this case, the petitioner is seeking regular bail
in connection with Puraini P.S.Case No. 219/2024/S.T.Case No.
102/2025 registered for the offences punishable under Section
109 of the BNS and Section 27 of the Arms Act.
3. As per the prosecution case, while the informant
was on the way, two motor-cycle-borne miscreants came from
behind and shot him, inflicting injury to him.
4. The learned counsel for the petitioner has
submitted that the petitioner is not named in the FIR, and except
his confessional statement there is nothing against him. He is in
custody since 18.11.2024, but no TIP has been conducted till
Patna High Court CR. MISC. No.60611 of 2025(4) dt.13-01-2026
2/2
date.
5. On the other hand, Mr. J.N. Thakur, the learned
APP for the State, has opposed the prayer for bail by submitting
that the petitioner has criminal antecedents.
6. The petitioner is in custody since 18.11.2024, but
no TIP has been conducted till date.
7. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on
bail on furnishing bail bonds of Rs.10,000/- with two sureties
of the like amount each to the satisfaction of learned Addl.
Sessions Judge-IX Madhepura in connection with Puraini
P.S.Case No. 219/2024/S.T.Case No. 102/2025, subject to the
condition that the petitioner shall cooperate in the disposal of
trial and make himself available on each and every date fixed
in the court below.
(Nawneet Kumar Pandey, J)
HR/-
U T
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