Patna High Court
Raja Kumar @ Raju KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing release on a bond of Rs. 10,000 with two sureties.
Summary
Petitioner Raja Kumar was arrested in connection with a case involving alleged planning of serious offences, including sections of the Bihar Narcotic Substances Act, 2023 and the Arms Act. The prosecution alleged that arms were recovered from a co-accused, Saurav Saransh, and that the petitioner was implicated. The petitioner contended he was innocent, that no arms were found on him, and that he had been in judicial custody since September 2025. The State opposed bail, citing a prior criminal antecedent. After hearing both sides, the Court found insufficient grounds to deny bail and ordered the petitioner to be released on a bail bond of Rs. 10,000 with two sureties, subject to the satisfaction of the Chief Judicial Magistrate.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences under the B.N.S., 2023 and the Arms Act
- Whether the petitioner’s alleged criminal antecedent justifies denial of bail
Legislation cited
- Arms Act — s. 26, 35, 35(1-b)a
- Bihar Narcotic Substances Act, 2023 — s. 111, 132, 310(4), 310(5)
Subjects
- bail
- criminal procedure
- Arms Act
- Bihar Narcotic Substances Act
- serious offences
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6189 of 2026
Arising Out of PS. Case No.-899 Year-2025 Thana- KATIHAR NAGAR District- Katihar
======================================================
Raja Kumar @ Raju Kumar S/o Bhola Choudhary R/o Mohalla- Lal Kothi,
P.S.- Nagar Katihar, Distt.- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Katihar Nagar P.S. Case No. 899 of 2025 registered for the
offence punishable under Sections 310(4), 310(5), 132, 111 of
the B.N.S., 2023 and Sections 35(1-b)a, 26, 35 of the Arms Act.
3. The case of the prosecution in short is that the
police had information that certain miscreants are planning to
commit some serious offence. On this input, the place was
raided. It is alleged that from the possession of co-accused
Saurav Saransh, arms were recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.6189 of 2026(2) dt.06-02-2026
2/2
case. He also submits that nothing has been recovered from the
possession of this petitioner, he was only apprehended there. He
also submits that the recovery has been made from the
possession of co-accused namely, Saurav Saransh. He further
submits that the petitioner is languishing in judicial custody
since 10.09.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of one case.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Katihar in connection with Katihar Nagar
P.S. Case No. 899 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
Checking your session…