Patna High Court
Raju Kumar PrasadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 302
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
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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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