Patna High Court
Rajan Kumar Gupta @ Rajan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Rajan Kumar Gupta, was in custody for offences under Sections 103(1) and 61(2) of the Bihar Narcotic Substances Act and Sections 27, 25(1‑B)A, 26 and 35 of the Arms Act, relating to the murder of an informant's son. The prosecution relied on the confessional statements of co‑accused, which named other persons as the shooters, but did not allege any overt act by the petitioner. The petitioner argued innocence, highlighted the lack of direct evidence against him, and pointed to the anticipatory bail granted to a co‑accused. The State opposed bail, emphasizing the petitioner’s appearance in the confessional statements. The Court, after considering the submissions, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding attendance, future offences, and verification of criminal antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences and the reference to him in co‑accused confessional statements.
- Whether the absence of a specific allegation of an overt act against the petitioner warrants denial of bail.
Legislation cited
- Arms Act — s. 25(1-B)A, 26, 27, 35
- Bihar Narcotic Substances Act — s. 103(1), 61(2)
Subjects
- bail
- criminal procedure
- Arms Act
- confessional statement
- anticipatory bail
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91041 of 2025
Arising Out of PS. Case No.-210 Year-2025 Thana- BELDOUR District- Khagaria
======================================================
Rajan Kumar Gupta @ Rajan Kumar S/O Bindeshwari Gupta @ Bindeshwari
Sah Resident of Village - Teliyari, ward No 07, Police Station- Alamnagar,
District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar, Advocate
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 11-02-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Beldaur P.S. Case No. 210 of 2025 registered
for the offences punishable under Sections 103(1), 61(2) of the
B.N.S and under Section 27, 25(1-B)A, 26 and 35 of the Arms
Act.
3. As per the prosecution case, the son of the
informant is said to have been shot dead by unknown persons
and the dead body was found in the forest.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. It has been submitted that the petitioner is not
Patna High Court CR. MISC. No.91041 of 2025(3) dt.11-02-2026
2/4
named in the F.I.R and during course of investigation his name
has transpired in the confessional statement of co-accused,
namely, Saheb Singh. It has further been submitted that even if
the confessional statement are taken into account, it is
specifically alleged that on the instruction of Saheb Singh, it
was Raushan Kumar, who had shot the son of the informant,
namely, Raju Kumar @ Rajesh Kumar. It has next been
submitted that even if all the allegations are taken on the face
value there is no specific allegation of overt act against the
petitioner. It has also been submitted that one of the similarly
situated co-accused, namely, Illahllah @ Nitish Kumar has been
granted anticipatory bail vide order dated 15.01.2026 passed in
Cr. Misc. No. 77261 of 2025. It has lastly been submitted that
the petitioner has two criminal cases against his name and he is
in custody since 21.10.2025 in the present case.
5. Learned APP for the State has vehemently opposed
the prayer for bail and has submitted that the name of the
petitioner has surfaced in the confessional statement of the co-
accused, who have admitted to have killed the son of the
informant.
6. Considering the aforesaid submission, facts and
circumstances of the case, let the petitioner, above named, be
Patna High Court CR. MISC. No.91041 of 2025(3) dt.11-02-2026
3/4
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned court below where the case is
pending/successor court in connection with Beldaur P.S. Case
No. 210 of 2025, subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be local resident.
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the court concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be at liberty to
move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal
antecedent of the petitioner and in case at any stage it is found
that the petitioner has concealed his criminal antecedent, the
court below shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed for purpose of or in
the name of verification.
Patna High Court CR. MISC. No.91041 of 2025(3) dt.11-02-2026
4/4
7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U
Checking your session…