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Patna High Court

Rajeev KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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