Patna High Court
Rajesh Kumar @ Rajesh RayversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner.
Summary
Petitioner Rajesh Kumar was charged under Sections 103(1) and 61(2) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act for the alleged shooting death of his father-in‑law. The only incriminating material against him was a confessional statement of co‑accused Manoj Kumar; no other evidence or seized articles were found. He had been in custody since 18 July 2025, while a similarly situated co‑accused had earlier been granted bail. The informant opposed bail, but the Court considered the nature of the accusation, the lack of substantive material, and the period of detention, and ordered his release on bail with a bond of Rs.10,000 and two sureties. The bail order disposed of the petition in the petitioner’s favour.
Issues considered
- Whether bail should be granted to the petitioner when the only evidence is a confessional statement of a co‑accused.
- Whether the period of pre‑trial custody justifies bail in a case involving murder and arms offences.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 103(1), 61(2)
Subjects
- bail
- criminal procedure
- confessional statement
- arms act
- murder
- evidence
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78918 of 2025
Arising Out of PS. Case No.-419 Year-2025 Thana- MUZAFFARPUR SADAR District-
Muzaffarpur
======================================================
Rajesh Kumar @ Rajesh Ray S/O Late Hira Lal Ray R/O Vill.- Basuchak,
P.S.- Saraiya, Dist.- Muzaffarpur.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs.Vaishnavi Singh, Advocate
For the Opposite Party/s : Mr.Arun Kumar Pandey, APP
Mr. Abhay Kumar, Adv.for Informant
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 09-01-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner seeks bail in a case registered for
offence under Sections 103(1) and 61(2) of the B.N.S., 2023 and
Section 27 of the Arms Act.
3. The informant, namely Rekha Devi, alleges that on
15.05.2025, her husband was shot dead by some unknown
miscreants.
4. F.I.R. was lodged against unknown. Name of the
petitioner transpired during course of investigation in the
confessional statement of co-accused Manoj Kumar. Save &
except confession, there is no cogent material against this
petitioner. No incriminating article has been recovered from
Patna High Court CR. MISC. No.78918 of 2025(3) dt.09-01-2026
2/2
possession of this petitioner. Similarly situated co-accused has
been granted bail by this Court, vide order dated 26.11.2025
passed in Cr.Misc. No. 66923 of 2025. Petitioner is in custody
since 18.07.2025. Chargesheet has been submitted.
5. Learned counsel for the informant vehemently
opposes the prayer for bail.
6. Considering the nature of accusation and period of
custody, let the above named petitioner be released on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Muzaffarpur in connection with Sadar
P.S. Case No. 419 of 2025.
(Prabhat Kumar Singh, J)
anay
U T
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