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Patna High Court

Raja KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner is entitled to bail as the prosecution's case rests only on suspicion and lacks concrete evidence of his involvement.

Summary

Raja Kumar was arrested in connection with a case (Muffasil P.S. Case No. 274 of 2025) alleging offences under Section 109(1) of the B.N.S. and Section 27 of the Arms Act, after the husband of an informant was shot. The prosecution alleged that the petitioner was one of the unknown miscreants who fired at the victim, relying mainly on a suspect statement and a confessional statement in which the petitioner named another person, Badal, as the shooter. The petitioner contended that he was falsely implicated, that the FIR was lodged against unknown persons, and that there was no substantive evidence linking him to the crime. The State opposed bail, citing the injury report. After hearing both sides, the Court found the evidence against the petitioner to be merely suspicion and not sufficient to justify continued detention, and therefore ordered his release on bail with a bond of Rs.10,000 and two sureties.

Issues considered

  • Whether the petitioner is entitled to bail given the nature of the evidence and the alleged offences under Section 109(1) of the B.N.S. and Section 27 of the Arms Act

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • false implication
  • suspicion
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89308 of 2025
                   Arising Out of PS. Case No.-274 Year-2025 Thana- BEGUSARAI MUFFASIL District-
                                                        Begusarai
                 ======================================================
                 Raja Kumar, S/o Parsuram Singh, Resident of Village- Paspura, Ward -17,
                 P.S.- Muffasil, District- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shubhesh Pandey, Advocate
                 For the Opposite Party/s :      Mr. Nand Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   19-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Muffasil P.S. Case No. 274 of 2025 registered for the

                   offence punishable under Section 109(1) of B.N.S. and Section

                   27 of the Arms Act.

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

                   the husband of the informant was going to Bathan after having

                   meals, two unknown miscreants have fired at him. The husband

                   of the informant has received three gunshot injuries.

                                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
Patna High Court CR. MISC. No.89308 of 2025(3) dt.19-03-2026
                                            2/3




          case. The F.I.R. was lodged against unknown miscreants.

          During course of investigation on the statement of spy, the name

          of this petitioner has surfaced in this case. It has further been

          submitted that in this case, the husband of the informant has

          given his statement before police in para ‘39’ of the case diary

          wherein also he has only suspected that the petitioner along with

          others might have fired by hatching a plan. It has further been

          submitted that in this case, police has also taken the

          confessional statement of this petitioner and in that statement,

          the petitioner has stated that it is Badal who has fired at the

          informant’s husband. It has also been submitted that save and

          except the suspicion, there is nothing against the petitioner in

          entire investigation. Moreover, he is languishing in judicial

          custody since 17.10.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the application for bail and has submitted

          that from perusal of the injury report it will transpire that the

          husband of the informant has received three bullet injuries and

          there is role of this petitioner.

                       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
             Patna High Court CR. MISC. No.89308 of 2025(3) dt.19-03-2026
                                                         3/3




                       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

                       A.C.J.M.-I, Begusarai in connection with Muffasil P.S. Case No.

                       274 of 2025.


                                                    (Ashok Kumar Pandey, J)

lata/-
U        T


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