Patna High Court

Rajnish Kumar @ Bawla @ Rajneesh @ BablaversusThe State of Bihar

Decided: 6 February 2026
Disposal: BAIL GRANTED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

Petitioner Rajnish Kumar was arrested in connection with a case involving the firing on a vehicle that resulted in the death of a driver and serious injury to a passenger. He is charged under sections 61(92), 103 and 109 of the Bihar Narcotic Substances Act and sections 25(1‑B)a, 26, 27 and 35 of the Arms Act. The prosecution’s case is based on the confessional statement of a co‑accused, as the petitioner’s name does not appear in the FIR. The petitioner, who has been in judicial custody since 22‑11‑2024, pleaded innocence and sought regular bail. The State opposed the bail application. The High Court, after considering the circumstances and the lack of direct evidence against the petitioner, ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged.
Whether a confessional statement of a co‑accused suffices to justify continued detention of the petitioner.
Whether the period of pre‑trial custody warrants the grant of bail.

Legislation cited

Arms Act — s. 25(1‑B)a, 26, 27, 35
Bihar Narcotic Substances Act — s. 103, 109, 61(92)

Subjects

regular bail
bail
Arms Act
Bihar Narcotic Substances Act
confessional statement
co‑accused
pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6972 of 2026
                         Arising Out of PS. Case No.-420 Year-2024 Thana- DIGHA District- Patna
                 ======================================================
                 Rajnish Kumar @ Bawla @ Rajneesh @ Babla son of Late Damodar Prasad
                 Resident Of Ramji Chak Nach Bagicha, Ps-Digha, District- Patna

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sunil Prasad Singh, Advocate
                 For the Opposite Party/s :       Mr.Ram Naresh Ray, 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 regular bail in a case

                   registered for the offence punishable under sections 61 92), 103

                   and 109 of the BNS and Section 25(1-B)a, 26, 27 and 35 of the

                   Arms Act.

                                3.     The case of the prosecution is that co-accused

                   namely, Birendra @ Billa and Manu Rai shot fire on the vehicle

                   in which the brother-in-law of the informant and the driver

                   Vikash Kumar were traveling. It is further alleged that the fire

                   was made indiscriminately at the distant range and due to the

                   above firing, the driver succumbed to the injuries whereas the

                   brother-in-law of the informant, namely, Raju Rai was admitted

                   in ICU.
            Patna High Court CR. MISC. No.6972 of 2026(2) dt.06-02-2026
                                                        2/2




                                   4. Learned counsel for the petitioner submits that the

                      petitioner is innocent and has falsely been implicated in

                      connection with the present case. It is further submitted that

                      name of the petitioner is not named in the FIR rather his name

                      has surfaced on the basis of the confessional statement of co-

                      accused, namely, Madusudan Prasad @ Sanjay Yadav, who has

                      been extended the privilege of bail vide order dated 17.02.2025

                      passed in Cr. Misc. No. 82844 of 2024. The case of the

                      petitioner stands on similar footing. Moreover, the petitioner is

                      languishing in judicial custody since 22.11.2024.

                                   5.     Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Digha P.S. Case No. 420 of 2024 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      ACJM-IX, Patna.


                                             (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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