Patna High Court
Raj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that the petition for pre‑arrest bail must be denied due to the seriousness of the offences and the evidential material.
Summary
The petitioners, five individuals from Kamarganj, sought pre‑arrest bail after a FIR implicated them in a conspiracy to obtain jobs through fraud, charging them under sections 318(4), 338, 336(3), 340(3) and 112(2) of the BNS. The State opposed the bail, emphasizing the seriousness of the allegations and the material gathered during investigation. The Court examined the nature of the offences, the risk of tampering with evidence, and the possibility of the petitioners fleeing. Considering the gravity of the charges and the investigative material, the Court concluded that bail could not be granted at this stage. Consequently, the petition for pre‑arrest bail was rejected.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite the seriousness of the offences alleged under the BNS.
- Whether the material collected during investigation justifies denial of bail.
Legislation cited
- BNS — s. 112(2), 318(4), 336(3), 338, 340(3)
Subjects
- pre‑arrest bail
- fraud
- conspiracy
- BNS
- criminal procedure
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80430 of 2025
Arising Out of PS. Case No.-724 Year-2024 Thana- GARDANIBAG District- Patna
======================================================
1 . Raj Kumar S/O Rampati Prasad @ Ramilal Prasad R/O Village- Kamarganj,
P.O.- Janhangira, P.S.- Sultanganj, District- Bhagalpur
2. Vicky Kumar S/O Nukul Prasad R/O Village- Kamarganj, P.O.- Janhangira,
P.S.- Sultanganj, District- Bhagalpur
3. Ankit Kumar S/O Nakul Tanti @ Mukul Prasad @ Nukul Tanti R/O Village-
Kamarganj, P.O.- Janhangira, P.S.- Sultanganj, District- Bhagalpur
4. Anand Kumar S/O Chhavila Rai @ Chhabilal Paswan R/O Village-
Kamarganj, P.O.- Janhangira, P.S.- Sultanganj, District- Bhagalpur
5. Rohit Kumar S/O Chhabila Rai @ Chhavilal Rai R/O Village- Kamarganj,
P.O.- Janhangira, P.S.- Sultanganj, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kameshwar Singh, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehends arrest in a case registered
for the offence punishable under sections 318 ( 4 ), 338 , 336
(3) , 340 (3) and 112 ( 2 ) of BNS.
3 . As per F.I.R. all named accused persons including
these petitioners under a conspiracy, tried to obtain job by
committing fraud.
4. Considering the seriousness nature of accusation
Patna High Court CR. MISC. No.80430 of 2025(2) dt.09-02-2026
2/2
and material that has come during investigation , prayer for pre-
arrest bail of the petitioners is rejected.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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