Patna High Court
Raja KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- B.N.S. — s. 103(1), 238
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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