Patna High Court
Rajan Kumar @ ChhotuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petitioner is entitled to bail.
Summary
Rajan Kumar, alias Chhotu, was arrested in connection with a shooting on 19 May 2025 that resulted in the death of an informant’s brother. He is charged under Sections 103(1), 308(5) and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The prosecution’s case relies on a confessional statement of a co‑accused that mentions Kumar as a conspirator, and he has been in custody since 15 June 2025. The petitioner, who has a clean antecedent, argued that co‑accused Manas Sinha and Sonu Kumar have already been granted bail in similar cases. The court examined the nature of the offences, the period of detention, and the precedent of bail to co‑accused, and concluded that bail was appropriate. Consequently, the court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail despite being charged with serious offences under the B.N.S., 2023 and the Arms Act
- Whether the nature of the accusation and the period of custody justify denial of bail
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 103(1), 308(5), 3(5)
Subjects
- bail
- criminal procedure
- conspiracy
- murder
- arms act
- Bihar High Court
- B.N.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79177 of 2025
Arising Out of PS. Case No.-211 Year-2025 Thana- KHAJEKALA District- Patna
======================================================
Rajan Kumar @ Chhotu S/O Yamuna Prasad Yadav R/O Karamchari Chowk,
Nakash Om Colony, P.S.- Bypass, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun Bharti
For the Opposite Party/s : Mr.Shailendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 27-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for
offence under Sections 103(1), 308(5) and 3(5) of the B.N.S.,
2023 and Section 27 of the Arms Act.
3. As per prosecution case, on 19.05.2025 at about
7:40 PM, the informant received an information that three
accused persons had fired gun-shots at his brother. On receipt of
such information, the informant reached at the spot and saw his
brother lying on the ground and blood was oozing out from his
body. informant’s brother was subsequently declared dead.
4. Learned counsel for the petitioner submits that
name of the petitioner surfaced during investigation in the
confessional statement of co-accused Chhotu Kumar @ Rohit.
Patna High Court CR. MISC. No.79177 of 2025(3) dt.27-01-2026
2/2
Petitioner is only alleged to be one of the conspirator. Similarly
situated co-accused Manas Sinha and Sonu Kumar have already
been granted bail by this Court, vide order dated 09.12.2025 in
Cr.Misc. No. 85215/2025 and order dated 19.12.2025 in
Cr.Misc. No. 74219/2025. Petitioner is in custody since
15.06.2025 and claims clean antecedent. Chargesheet has been
submitted.
5. Learned A.P.P. for the State 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
J.M. 1st Class, Patna city, Patna in connection with Khajekala
P.S. Case No. 211 of 2025.
(Prabhat Kumar Singh, J)
anay
U T
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