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Patna High Court

Rajan Kumar Gupta @ Rajan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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
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          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


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