Patna High Court

Raju KumarversusThe State of Bihar

Decided: 23 April 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The court granted regular bail to the petitioner, subject to bond conditions and the possibility of cancellation for trial delay.

Summary

The petitioner, Raju Kumar, applied for regular bail in a case registered under Sections 302 and 34 of the Indian Penal Code for alleged murder. He argued that he has a clean antecedent, has been in custody since 22‑08‑2025, and that the FIR specifically implicates another person, Bablu Sahni, for the shooting. The petitioner also relied on the principle of parity, citing that similar bail applications by Rahul Ray (Cr. Misc. No.77295 of 2023) and Sahil (Cr. Misc. No.5192 of 2025) had been granted. The State opposed the bail, but the court considered the submissions and the precedent of parity. The court ordered the release of the petitioner on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to cancellation if he attempts to delay the trial.

Issues considered

Whether the petitioner is entitled to regular bail in a murder case under Sections 302/34 IPC
Whether the principle of parity with earlier bail orders applies
Whether the petitioner poses a risk of absconding or tampering with the trial

Legislation cited

Indian Penal Code — s. 302, 34

Subjects

bail
murder
IPC Section 302
IPC Section 34
parity principle
regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7420 of 2026
                      Arising Out of PS. Case No.-50 Year-2023 Thana- KADAMKUAN District- Patna
                 ======================================================
                 Raju Kumar son of Late Bacchu Sah @ Bachchu Saw Resident of Village -
                 Naya Tola kazipur Pipal, Ps- Kadamkuan, Dist- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Arvind Kumar
                 For the Opposite Party/s :      Mr. Pranav Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Section 302/34 of the Indian Penal

                   Code.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is in custody

                   since 22.08.2025. It is next submitted that informant alleges

                   that Bablu Sahni @ Govind Sahni fired at his brother causing

                   firearm injury but then the doctor declared the brother of the

                   informant dead.

                                4. Learned counsel for the petitioner submits that

                   from perusal of the allegation as alleged in the FIR, it would

                   manifest that specific allegation of firing is against Bablu Sahni.
Patna High Court CR. MISC. No.7420 of 2026(2) dt.23-04-2026
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          It is also submitted that Rahul Ray had approached this Court

          seeking regular bail by filing Cr. Misc. No.77295 of 2023 and

          the same came to be allowed by an order dated 05.12.2023,

          thereafter Sahil also approached this court seeking regular bail

          by filing Cr. Misc. No.5192 of 2025 and the same also was

          allowed by an order dated 24.03.2025. Learned counsel thus

          based on parity seeks bail for the petitioner. It is also submitted

          that if privilege of regular bail is granted to the petitioner, the

          petitioner will not abscond rather will cooperate in the trial to

          prove his innocence.

                        5. Learned A.P.P. opposes the prayer for bail of the

          petitioner.

                        6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, is

          directed to be released on bail on furnishing bail bonds of

          Rs.10,000/- (Rupees ten Thousand) with two sureties of the like

          amount each to the satisfaction of the learned trial court where

          the case is pending/successor court in connection with

          Kadamkuan P.S. Case No.50 of 2023.

                        7. It is made clear that if the learned trial court comes

          to a conclusion that petitioner after his release is trying to delay

          the framing of charge or after framing of charge is trying to
             Patna High Court CR. MISC. No.7420 of 2026(2) dt.23-04-2026
                                                         3/3




                       delay the trial, in both the conditions, the learned trial court

                       shall be at liberty to cancel the bail bonds of the petitioner.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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