Patna High Court
Raja KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita.
Summary
Raja Kumar petitioned the Patna High Court for bail in connection with Sakra Police Station Case No. 630 of 2024, which alleged offences under several sections of the Bharatiya Nagrik Suraksha Sanhita, including assault, arson and causing firearm injury to Bindu Devi. The prosecution claimed the petitioner participated in a violent assault and shot Bindu Devi, while the petitioner contended that the medical injury report did not indicate a firearm wound and that the FIR was lodged with undue delay. The petitioner also highlighted a history of animosity between the parties and a counter‑case filed by his mother against the informant. The State opposed bail, emphasizing the specific allegation of firearm injury and the petitioner’s prior criminal antecedents. After considering the delay in filing the FIR, the nature of the injury report, and the inter‑party enmity, the Court granted bail subject to a bond of Rs.20,000 with two sureties and compliance with Section 482(2) of the BNS, also requiring one bailor to be a close family member.
Issues considered
- Whether bail should be granted to the petitioner pending trial in view of the alleged firearm injury, delay in filing the FIR, and the existence of inter‑party animosity.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- bail
- criminal procedure
- delay in FIR
- injury report
- animus
- firearm injury
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73548 of 2025
Arising Out of PS. Case No.-630 Year-2024 Thana- SAKRA District- Muzaffarpur
======================================================
Raja Kumar S/O Bhola Singh Residentof Village - Sarmastpur, Police Station-
Sakra, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar
For the Opposite Party/s : Mr.Ram Sevak Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
3 11-02-2026 Heard learned Advocate for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection
with Sakra P.S. Case No. 630 of 2024, registered for the
offences punishable under Sections 126(2), 115, 118(1), 117,
109 and 3(5) of the BNS.
3. Based upon the written report, the prosecution
alleges that on 30.11.2024, all the FIR named accused persons,
including the petitioner, along with some unknown persons
came at the house of the informant and brutally assaulted the
Bindu Devi and others. It is further alleged that co-accused
Monu Kumar @ Chhotu and this petitioner also shot fire due to
Patna High Court CR. MISC. No.73548 of 2025(3) dt.11-02-2026
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which Bindu Devi sustained a bullet injury on her thigh. This
occurrence was follow up to an earlier incidence on 15 th
November, 2024, where the petitioner along with others were
allegedly set ablaze the house of Bisheshwar Singh, in order to
evict them from their residence. This time also they set ablaze
the house of the informant by sprinkling patrol.
4. Learned Advocate for the petitioner submitted that
allegedly the petitioner is said to have fired along with one
Manmohan Thakur over the thigh of Bindu Devi but the injury
report of the injured reflects no such corroborative injury.
Referring to the injury report, it is submitted that neither there is
charring nor tattooing. The doctor does not suggest the injury
caused by firearm; all the more the injury is said to be simple in
nature. The false implication of the petitioner cannot be ruled
out in view of the ongoing animosity; earlier the father of the
informant as well as the wife of the informant have also
instituted two cases against the petitioner; however the
petitioner is on bail in both the cases. Besides the aforesaid
cases, the petitioner is also accused in connection with the
offences under Excise Act; however he is on bail in the said
case. It is lastly contended that there is counter version of the
present case being Sakra P.S. Case No. 629 of 2024 instituted by
Patna High Court CR. MISC. No.73548 of 2025(3) dt.11-02-2026
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Nilam Devi, the mother of the present petitioner, against the
informant and others, which is on earlier point of time. The
delay in lodging of the FIR also makes the case fatal to the
prosecution, is the contention of the learned Advocate for the
petitioner.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submitted that the
besides three criminal antecedent, there is specific accusation
against the petitioner of causing firearm injury and there is
corresponding injury, as is evidence from the injury report.
6. Having considered the submissions advanced by
the learned Advocates for the respective parties and taking note
of the delay in lodging of the FIR, coupled with the injury
report, which does not prima facie suggest firearm injury as well
as the factum of case and counter case and the previous enmity
between the parties, let the petitioner abovenamed be released
on bail, in the event of his arrest or surrender before the court
below within a period of four weeks from the date of
receipt/production of a copy of this order, upon furnishing bail
bonds of Rs.20,000/- (twenty thousand) with two sureties of the
like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate-15, Muzaffarpur in connection with
Patna High Court CR. MISC. No.73548 of 2025(3) dt.11-02-2026
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Sakra P.S. Case No. 630 of 2024, subject to the conditions laid
down in Section 482(2) of the Bharatiya Nagrik Suraksha
Sanhita, 2023, with the further condition that one of the bailors
shall be the own/close family members of the petitioner.
(Harish Kumar, J)
Anjani/-
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