Patna High Court
Raj Kumar Prasad @ Santu RamversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The anticipatory bail application was rejected, and no relief was granted to the petitioner.
Summary
The petitioner, Raj Kumar Prasad, filed an anticipatory bail application fearing arrest in connection with FIR No. 372 of 2025 filed at Dhanarua Police Station. The FIR alleges that during a meeting over land documents, the petitioner and other accused fired indiscriminately, injuring Manoj Singh and Sawan Kumar, and that the petitioner later struck Sawan Kumar with the butt of a pistol. The prosecution has charged the petitioner under several sections of the BNS and section 27 of the Arms Act, covering offences such as unlawful firing, assault, and possession of arms. The petitioner’s counsel attempted to limit the allegation to the butt‑blow, but the court noted the broader allegations of firing and injuries. Considering the seriousness of the accusations and the risk of the petitioner absconding, the court found no ground to grant bail. Consequently, the anticipatory bail application was rejected.
Issues considered
- Whether anticipatory bail can be granted to the petitioner despite allegations of indiscriminate firing and assault under the BNS and Arms Act
- Whether the nature of the offences alleged justifies denial of bail
Legislation cited
Subjects
- anticipatory bail
- FIR
- criminal offences
- Arms Act
- bail denial
- indiscriminate firing
- assault
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6753 of 2026
Arising Out of PS. Case No.-372 Year-2025 Thana- DHANARUA District- Patna
======================================================
Raj Kumar Prasad @ Santu Ram S/o Late Jagdhari Ram Resident of Village -
Tetri, P.S - Dhanarua, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhoy Kumar Kashyap, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 01-04-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Dhanarua P.S. Case No. 372 of 2025 for the
offence under sections 190, 191(2), 191(3), 126(2), 115(2),
109(1), 351(2) and 352 of the BNS and section 27 of the Arms
Act lodged on 08.06.2025 by the informant, Surendra Singh.
3. As per the prosecution story, the informant alleged
that there was a meeting with the agnates and the documents
relating to land were being produced. The allegation is that in
the meantime, alleging that the documents are forged,
Bindeshwari Ram as also the other named accused persons
started abusing the informant’s side and thereafter, the named
accused including the petitioner resorted to indiscriminate firing
which injured his brother-in-law, Manoj Singh on his right leg
Patna High Court CR. MISC. No.6753 of 2026(4) dt.01-04-2026
2/2
as also Sawan Kumar who got injury on his left hand. This was
followed by the petitioner hitting Sawan Kumar by butt of the
pistol on the head, once again, causing injury to him. They were
shifted to the hospital which followed the FIR.
4. Though, learned counsel for the petitioner tried to
hoodwink this Court by submitting that only allegation against
the petitioner is of giving butt blow on the head, learned APP
pointed out that the earlier paragraphs clearly show that prior to
that, he alongwith other accused persons resorted to
indiscriminate firing causing injury to Manoj Singh as also his
son, Sawan Kumar.
5. Taking into account the aforesaid facts as also the
allegation that has come against the petitioner, no relief can be
extended.
6. The anticipatory bail application stands rejected.
(Rajiv Roy, J)
Adnan/-
U T
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