Patna High Court

Raj Kumar @ Raju Bind @ Raju KumarversusThe State of Bihar

Decided: 5 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner, directing release on a bond of Rs. 10,000 with two sureties.

Summary

The petitioner, Raj Kumar, was arrested in connection with a case registered under multiple sections of the Bihar Narcotic Substances (B.N.S.) Act, 2023 and Section 27 of the Arms Act. The prosecution alleged that he assaulted an informant while a co-accused, Chhotu, fired at the informant. The petitioner’s counsel argued that the allegations against him were baseless, bailable in nature, and that the main case rested on the co-accused. The State’s assistant public prosecutor concurred that the primary thrust of the case was against Chhotu. After hearing both sides, the High Court found no substantive reason to deny bail and ordered the petitioner’s release on a bail bond of Rs. 10,000 with two sureties, subject to the satisfaction of the District & Additional Sessions Judge, Bhagalpur.

Issues considered

What is the appropriate bail disposition for offences alleged under Sections 126(2), 115(2), 118(2), 109, 351(2), 352, 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act?
Whether the allegations against the petitioner constitute a bailable offence?
Whether the petitioner’s lack of prior criminal record and the primary involvement of a co‑accused affect the bail decision?

Legislation cited

Arms Act — s. 27
Bihar Narcotic Substances Act — s. 109, 115(2), 118(2), 126(2), 3(5), 351(2), 352

Subjects

bail
criminal procedure
assault
arms act
bailable offence
pre‑trial detention
co‑accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87159 of 2025
                   Arising Out of PS. Case No.-376 Year-2025 Thana- SULTANGANJ District- Bhagalpur
                 ======================================================
                 Raj Kumar @ Raju Bind @ Raju Kumar Son of Dilo Bind @ Dilo Vinod R/o
                 Villlage - Pildauri, Bind Tola, P.S. - Sultanganj, Dist. - Bhagalpur.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bijendra Kumar, Advocate
                 For the Opposite Party/s :      Mr. Mohammad Sufyan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   05-01-2026                   Heard Mr. Bijendra Kumar, learned counsel for the

                   petitioner and Mr. Mohammad Sufyan, learned APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Sultanganj P.S. Case No. 376 of 2025 registered for the offence

                   punishable under Sections 126(2), 115(2), 118(2), 109, 351(2),

                   352, 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act.

                                3. The case of the prosecution in short is that the

                   petitioner has assaulted the informant and the co-accused, namely,

                   Chhotu, has fired at the informant.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. Learned

                   counsel for the petitioner has submitted that there is a lame

                   allegation against the petitioner that he has assaulted the
           Patna High Court CR. MISC. No.87159 of 2025(2) dt.05-01-2026
                                                       2/2




                     informant with slaps and fists. The allegations are bailable in

                     nature. It has also been submitted that the main thrust of allegation

                     is against the co-accused, namely, Chhotu. He further submits that

                     a statement has been made in para 3 of the petition that petitioner

                     has no criminal antecedent and he is languishing in judicial

                     custody since 24.08.2025.

                                  5. The learned APP for the State has conceded to the

                     argument of the learned counsel for the petitioner that the main

                     thrust of allegation is against one co-accused namely, Chhotu.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail.          The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of

                     the like amount each to the satisfaction of the learned District &

                     Additional Sessions Judge-I, Bhagalpur in connection with

                     Sultanganj P.S. Case No. 376 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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