Patna High Court
Rajnish Kumar @ Raja @ R.K. SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that the petitioner is not entitled to anticipatory bail in the present case.
Summary
The petitioner, Rajnish Kumar, sought anticipatory bail in connection with a murder case (Pakaridayal P.S. Case No. 35 of 2025) involving offences under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The prosecution alleged that the petitioner, along with others, killed the deceased, whose wife (the informant) was in a relationship with another man. The court examined the seriousness of the alleged offences and the circumstances surrounding the murder. It concluded that the petitioner did not merit the protection of anticipatory bail given the gravity of the charges. Consequently, the earlier interim protection was vacated, the anticipatory bail application was rejected, and the petitioner was ordered to surrender within two weeks to seek regular bail, failing which he would be arrested.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act in view of the alleged murder.
- Whether the seriousness of the alleged offences justifies denial of anticipatory bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- anticipatory bail
- murder
- Arms Act
- Bharatiya Nyaya Sanhita
- high court
- bail denial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68684 of 2025
Arising Out of PS. Case No.-35 Year-2025 Thana- PAKRIDAYAL District- East Champaran
======================================================
Rajnish Kumar @ Raja @ R.K. Singh S/O Chhitijesh Prasad Singh R/O Vill.-
Bhediyahi, P.S.- Pakaridayal, Dist.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar
For the Opposite Party/s : Mr. Murli Dhar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 15-01-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehend arrest in connection with
Pakaridayal P.S. Case No. 35 of 2025 registered for offences
under Sections 103(1), 3(5) of the Bharatiya Nyaya Sanhita,
2023 and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner is
accused of killing the deceased.
4. From the perusal of the records it appears that the
informant Kajal Kumari (now accused), who is the wife of one
Vivek Kumar Singh (deceased), was in relationship with one
Kundan Kumar. The petitioner and others have killed the
deceased.
5. Considering the nature and gravity of offence, this
Patna High Court CR. MISC. No.68684 of 2025(5) dt.15-01-2026
2/2
court is of the considered opinion that petitioner does not
deserve the privilege of anticipatory bail in the present case.
6. Accordingly, the application for anticipatory bail
stands rejected. The interim protection granted to the petitioner
by dated 26.09.2025 is hereby vacated.
7. The petitioner is directed to surrender in the court
below within a period of two weeks from today and seek regular
bail, if so advised, failing which the Superintendent of Police,
East Champaran, Motihari will take all steps for the arrest of the
petitioner.
8. Let a copy of this order be communicated to the
Superintendent of Police, East Champaran, Motihari through
FAX for its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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