Patna High Court
Rajesh Kumar @ Nakat Gop @ Nakat Rai @ Rajesh GopversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The Court denied bail, holding that the petitioner is not entitled to release at this stage.
Summary
The petitioner, Rajesh Kumar, applied for regular bail in a case registered under Sections 307, 34, 120B of the Indian Penal Code and Section 27 of the Arms Act. This was his third attempt to obtain bail, having previously filed a bail petition (Cr. Misc No. 88602 of 2024) which was rejected on 9‑May‑2025. The learned senior counsel argued that the petitioner should be released on bail, but the Court examined the earlier order and found no justification to grant bail at this stage. The Court noted that the petitioner remains in custody pending the framing of charges. Consequently, the bail prayer was denied, though the petitioner was permitted to renew the application after charge framing.
Issues considered
- Whether the petitioner is entitled to regular bail under Sections 307, 34, 120B IPC and Section 27 Arms Act pending framing of charge
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 307, 34
Subjects
- bail
- Indian Penal Code
- Arms Act
- regular bail
- charge framing
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81415 of 2025
Arising Out of PS. Case No.-293 Year-2024 Thana- DIGHA District- Patna
======================================================
Rajesh Kumar @ Nakat Gop @ Nakat Rai @ Rajesh Gop Son of Late Jay
Ram Ray @ Late Jairam Rai @ Late Jai Gope Resident of Mitanchak Brajesh
Singh Ke Makan me Kirayedar, P.S.- Sampatchak, District - Patna, permanent
address - Patipul Digha, P.S.- Digha, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Adv
Mr.Sunil Prasad Singh, Adv
For the Opposite Party/s : Ms.Rita Verma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 26-02-2026 1. Heard learned senior counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Digha
PS Case No. 293 of 2024 registered for the offences punishable
under Sections 307, 34, 120B of IPC and Section 27 of the Arms
Act.
3. Learned senior counsel for the petitioner submits
that this is the third attempt of the petitioner to seek regular bail.
It is next submitted that petitioner had earlier moved before this
Court seeking regular bail by filing Cr. Misc No. 88602 of 2024
and the same came to be rejected by an order dated 9-5-2025.
4. The Court has perused the order dated 9-5-2025 in
Patna High Court CR. MISC. No.81415 of 2025(2) dt.26-02-2026
2/2
Cr. Misc No. 88602 of 2024, as such is not inclined to release
the petitioner on bail.
5. Accordingly, the prayer for bail of the petitioner is
rejected.
6. However, the petitioner would be at liberty to
renew his prayer for bail after framing of charge.
(Satyavrat Verma, J)
Sumit/-
U T
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