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Patna High Court

Kailash Rajak @ Pramod RajakversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied as the court was not inclined to grant it given the heinous nature of the crime.

Summary

The petitioner, Kailash Rajak, applied for regular bail in a murder case (PS Rangra Case No.188 of 2025) alleging he was falsely implicated. He is accused under Sections 103(1) and 3(5) of the B.N.S. for allegedly killing Chhotu Razak with a sharp weapon. The petitioner has been in custody since 9 August 2025 and claims innocence, while the State and the informant’s counsel assert his guilt and present witnesses. The court considered the heinous nature of the offence and the petitioner’s alleged role in the killing. Concluding that the seriousness of the crime outweighs the bail considerations, the court refused bail. The application was dismissed, with a direction that the petitioner may re‑apply if the prosecution causes trial delays.

Issues considered

  • Whether regular bail should be granted to the accused in a murder case under Sections 103(1) and 3(5) of the B.N.S.

Legislation cited

Subjects

  • regular bail
  • murder
  • heinous crime
  • B.N.S.
  • criminal procedure
  • bail application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87687 of 2025
                       Arising Out of PS. Case No.-188 Year-2025 Thana- Rangara District- Bhagalpur
                 ======================================================
                 Kailash Rajak @ Pramod Rajak Son of Late Suresh Rajak Resident of
                 Village- Sahora, P.S.- Rangra, District- Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ranjan Kumar Jha
                 For the Opposite Party/s :        Mr.Uday Pratap Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   16-04-2026                  Heard the learned counsel for the petitioner, learned

                   counsel for the informant and learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Rangra P.S. Case No. 188 of 2025 registered for the offence

                   under Sections 103(1), 3(5) of the B.N.S.

                                3. The petitioner along with co-accused person is said

                   to have killed the deceased, namely, Chhotu Razak.

                                4. The petitioner is in custody since 9.8.2025.

                                5.Learned counsel for the petitioner has submitted that

                   the petitioner is innocent and he has falsely been implicated in

                   this case.

                                6. Learned A.P.P. for the State and learned counsel for

                   the informant have vehemently opposed the prayer for bail and

                   have submitted that the petitioner is the assailant of the deceased
          Patna High Court CR. MISC. No.87687 of 2025(3) dt.16-04-2026
                                                      2/2




                    who has cut the neck of the deceased with dabiya (sharp

                    weapon). Learned counsel for the informant has also undertaken

                    to produce the witnesses in the trial on the dates fixed in the

                    trial.

                                 7. Considering the heinous nature of crime and the

                    role assigned to the petitioner in the killing of the deceased, this

                    Court is not inclined to grant bail to the petitioner.

                                 8. Accordingly, this application is dismissed.

                                 9. It is made clear that if the trial of the petitioner is

                    delayed by the prosecution side then the petitioner may renew

                    his prayer for bail.



                                                               (Sandeep Kumar, J)
Vikas/-

U


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