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Patna High Court

Raja KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

Raja Kumar was arrested on 18 May 2025 in connection with a murder case (PS Parsa Bazar Case No. 209 of 2025) under Sections 103(1) and 238 of the B.N.S. He applied for bail, claiming he was falsely implicated and that co‑accused Sumit Kumar and Vikash Kumar had confessed, making no reference to him. The prosecution opposed bail, noting his inclusion in the FIR and a separate pending case. The court examined the merits, the confessions of co‑accused, and the petitioner’s criminal antecedent, and decided to grant bail on a Rs 10,000 bond with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order directed the lower court to release the petitioner on bail under the stipulated terms.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences under Sections 103(1) and 238 of the B.N.S.
  • Whether the existence of another pending case against the petitioner precludes bail.
  • Whether confessions of co‑accused absolve the petitioner of liability.

Legislation cited

Subjects

  • bail
  • murder
  • false implication
  • confession of co‑accused
  • Section 103
  • Section 238
  • Bihar
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77657 of 2025
                     Arising Out of PS. Case No.-209 Year-2025 Thana- PARSABAZAR District- Patna
                 ======================================================
                 Raja Kumar Son of Shri Raktu Paswan Resident of Village - Shripalpur, P.S.-
                 Punpun, District - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Nitish Kumar, Advocate
                 For the State           :       Mr. Surendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   21-01-2026                      Heard Mr. Nitish Kumar, learned counsel for the

                   petitioner and Mr. Surendra Kumar, learned APP for the State.

                                 2. Petitioner seeks bail, who is in custody since

                   18.05.2025, in connection with Parsa Bazar P.S. Case No. 209

                   of 2025, F.I.R. dated 17.05.2025 registered for the offences

                   punishable under Sections 103(1), 238 of B.N.S.

                                 3. As per prosecution case, the petitioner and other co-

                   accused persons allegedly kill the informant’s son and threw the

                   dead body under a bridge in order to conceal it.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that the allegation as alleged in

                   the F.I.R. is false and fabricated and the petitioner has not

                   committed any offence as alleged in the F.I.R.                     He further
Patna High Court CR. MISC. No.77657 of 2025(3) dt.21-01-2026
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          submits that during investigation one Sumit Kumar and Vikash

          Kumar @ Laddu Kumar have been arrested and they have

          confessed their guilt in the present case which was recorded in

          paragraph nos. 21 and 71 of the case diary but they have not

          stated anything about the petitioner. He further submits that co-

          accused Munna Paswan @ Nitish Kumar @ Munna has been

          granted bail by a Coordinate Bench of this Court vide order

          dated 02.12.2025 passed in Cr. Misc. No. 82828 of 2025 and the

          police after investigation submitted chargesheet against the

          petitioner and the petitioner is in custody since 18.05.2025.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for           bail of the

          petitioner and submits that the petitioner is named in the F.I.R.

          and apart from the aforesaid the petitioner carries one more case

          other than the present one but fairly submits on the basis of

          paragraph-3 of the bail petition that the petitioner is on bail in

          the pending matter.

                       6. Considering the facts and circumstances of the

          case, let the petitioner, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          learned Judicial Magistrate 1st Class, Patna in connection with
               Patna High Court CR. MISC. No.77657 of 2025(3) dt.21-01-2026
                                                           3/3




                         Parsa Bazar P.S. Case No. 209 of 2025, subject to the following

                         conditions :-

                                      (1) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on his absence on two consecutive dates without sufficient

                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioner.             However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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