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Patna High Court

Raju Kumar PrasadversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner, finding insufficient material to justify continued custody.

Summary

Petitioner Raju Kumar Prasad was arrested in connection with a murder case (IPC s.302) and a criminal conspiracy (IPC s.120B) along with an offence under the Arms Act (s.27). The prosecution alleged that the petitioner’s husband was killed by a co‑accused, Raj Kamal Thakur, who had previously defrauded their employer and threatened the husband. The petitioner’s name appears only in the confessional statement of Raj Kamal Thakur, with no other material linking him to the crime. The petitioner argued that he is innocent, has been in judicial custody since 1 June 2024, and that the earlier bail denial was erroneous. The court, after considering the lack of substantive evidence, ordered the petitioner’s 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 seriousness of the offences (murder, criminal conspiracy, and arms offence).
  • Whether the confessional statement of a co‑accused alone suffices to justify continued detention.

Legislation cited

Subjects

  • regular bail
  • murder
  • criminal conspiracy
  • Arms Act
  • confessional statement
  • evidentiary insufficiency
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74065 of 2025
                     Arising Out of PS. Case No.-225 Year-2024 Thana- MADHUBANI TOWN District-
                                                       Madhubani
                 ======================================================
                 Raju Kumar Prasad Son of Raju Kumar Prasad R/o Village - Bazidpur, Ward
                 No.-2, P.O- Singhia Deorhi, P.S- Kamtaul, Dist.- Darbhanga.
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr. Shubham Kumar, Advocate
                                                  Mr. Nishant Choudhary, Advocate
                                                  Mr. Madhav Jha, Advocate
                 For the Opposite Party/s :       Mr. Yogendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   09-01-2026                        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 302 and

                   120B of the Indian Penal Code and Section 27 of the Arms Act.

                                 3.      The case of the prosecution is that while the

                   informant was cooking food at her house, she heard the sound of

                   firing when she came out from her house, she found that her

                   husband received gun shot injury and was in a pool of blood.

                   She took her husband to the hospital with the help of neighbors

                   where husband was declared dead. It is further alleged that her

                   husband was working in ‘Maharani Honda Agency’ from last

                   ten years as an Accountant. Her husband was told her 2-3 days
Patna High Court CR. MISC. No.74065 of 2025(4) dt.09-01-2026
                                            2/3




          prior to the occurrence that one of the colleague, Raj Kamal

          Thakur has defalcated Rs. 1,80,000/- of the company regarding

          regarding which he had knowledge and told him not to disclose

          it to the owner. He was promised to give share in that defalcated

          money but when the husband of the informant denied, the co-

          accused, namely, Raj Kamal Thakur has threatened him of the

          consequences. The informant believes that her husband was

          killed by the co-accused, Raj Kamal Thakur by hatching a

          conspiracy.

                       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 has surfaced only during investigation in

          the confessional statement of Raj Kamal Thakur. It is further

          submitted that save and except the said confessional statement

          of said Raj Kamal Thakur, there is no material on record to

          connect the petitioner in the present case. It is further submitted

          that earlier his bail petition was rejected by the learned co-

          ordinate Bench vide order dated 28.03.2025 passed in Cr. Misc.

          No. 80159 of 2024. It is further submitted that Raj Kamal Rahul

          @ Raj Kamal Thakur, in whose confessional statement the name

          of the petitioner has surfaced, has already been granted bail vide
            Patna High Court CR. MISC. No.74065 of 2025(4) dt.09-01-2026
                                                        3/3




                      order dated 26.09.2025 passed in Cr. Misc. No. 70354 of 2025.

                      The case of the petitioner stands on better footing. Moreover,

                      the petitioner is languishing in judicial custody since

                      01.06.2024.

                                   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 Madhubani (Town) P.S. Case No. 225 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 Additional Sessions Judge-III, Madhubani.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T


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