Patna High Court
Rajnish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner subject to a bond and conditions of physical presence.
Summary
The petitioner, Rajnish Kumar, was arrested in connection with a FIR alleging his role as the main conspirator in a firing incident on an informant, involving multiple offences under the B.N.S, 2023 and Section 27 of the Arms Act. The prosecution claimed he orchestrated the assault, while the defence argued that the FIR merely mentions him at the end and lacks substantive evidence of his involvement, noting no injuries were reported. The petitioner had been in custody since 29 July 2025 and a charge sheet had already been filed. The court examined the insufficiency of material to substantiate the conspiracy charge and the fact that the petitioner had been detained for an extended period. Consequently, the court granted bail on a bond of Rs 10,000 with two sureties, subject to the condition that the petitioner appear in court on every trial date, failing which the bail may be cancelled.
Issues considered
- Whether the petitioner is entitled to bail despite allegations of conspiracy and multiple serious offences under the B.N.S, 2023 and the Arms Act
- Whether the evidence on record is sufficient to justify denial of bail
- Whether the conditions imposed for bail are appropriate
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 115(2), 126(2), 127(2), 303(2), 308(3), 324(2), 331(2), 351(2), 352, 61(2)
Subjects
- bail
- conspiracy
- Arms Act
- B.N.S 2023
- criminal procedure
- surety
- physical presence condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71871 of 2025
Arising Out of PS. Case No.-147 Year-2025 Thana- Lakho District- Begusarai
======================================================
Rajnish Kumar S/o Rajendra Singh @ Maulu Singh R/o Village- Pansalla,
P.O.- Bhairwar, P.S.- Lakho, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr.Alok Abhinav, Advocate
For the State : Mr. Umeshanand Pandit, A.P.P.
For the Informant : Mrs. Archana Sahi, Sr. Adv.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 10-02-2026 Heard Mr. N.K. Agrawal, the learned senior counsel for
the petitioner assisted by Mr. Alok Abhinav, the learned advocate and
Mr. Umeshanand Pandit, the learned A.P.P. for the State and Mrs.
Archana Sahi, the learned senior counsel appearing on behalf of the
informant.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 115 (2), 126 (2), 127 (2), 324 (2),
308 (3), 303 (2), 331 (2), 352, 351 (2), 61 (2) of B.N.S, 2023 and
Section 27 of Arms Act.
3. As per the prosecution case, the petitioner is said to be
the main conspirator behind the alleged firing upon the informant by
means of pistol and assault carried out by the accused persons.
4. The learned senior counsel has submitted that from a
bare reading of the First Information Report, it would be clear that
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thrust of allegation of resorting to firing is on other accused persons
and the name of the petitioner appears at fag end of the F.I.R
introducing an allegation of conspiracy as against him. It has further
been submitted that the petitioner is in custody since 29.07.2025 and
charge sheet has already been submitted.
5. Learned A.P.P. for the State and learned senior counsel
for the informant submits that the petitioner is the main person who
was demanding rangdaari for which earlier also a case had been filed
against him by the informant and it was on account of withdrawing
the said case that the present occurrence had taken place.
6. Taking into consideration the fact and circumstances of
the case and also considering the fact that no injuries as such has
been suffered by any person nor there is enough material on record to
completely substantiate the role of the petitioner as a conspirator,
coupled with the fact that the petitioner is in custody since
29.07.2025 and charge sheet has already been submitted, the above
named petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Court below where
the case is pending/successor Court in connection with Lakho P.S.
Case No. of 147 of 2025, subject to the condition that :
(i) The petitioner shall remain physically present in court
on each and every date during trial till the charges are framed and in
the event of failure on two consecutive dates without sufficient
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reasons, his bail bonds shall be liable to be cancelled by the learned
court concerned.
(Soni Shrivastava, J)
vashudha/-
U T
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