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Patna High Court

Rajan KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioner.

Summary

The petitioner, Rajan Kumar, sought anticipatory bail after learning that a case had been registered against him under Section 61(2) of the Bharatiya Nyaya Sanhita and Sections 25(1‑Ba), 26 and 35 of the Arms Act. The prosecution alleged that the petitioner had conveyed a contract of Rs. 2,00,000 to two accused persons to murder Ramesh Tiwary, as recounted by an informant. The petitioner contended that he had committed no offence and that his name appeared only in the confessional statement of co‑accused Munna Kumar, asserting a clean antecedent. The court examined the seriousness of the alleged conspiracy to commit murder and the possession of arms, noting the gravity of the offences. Considering the nature of the accusation and the potential threat to public order, the court refused the prayer for anticipatory bail. Consequently, the petition for anticipatory bail was dismissed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the allegations of conspiracy to murder and possession of arms
  • Whether the reliance on a co‑accused's confessional statement suffices to justify denial of bail

Legislation cited

Subjects

  • anticipatory bail
  • conspiracy to murder
  • Arms Act
  • Bharatiya Nyaya Sanhita
  • confessional statement
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91506 of 2025
                   Arising Out of PS. Case No.-257 Year-2025 Thana- RAJEPUR District- East Champaran
                 ======================================================
                 Rajan Kumar, S/o Khobhari Thakur, R/o Village- Tetariya Tola ,P.S- Rajeppur,
                 District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vijay Shankar Shrivastava, Advocate
                 For the Opposite Party/s :       Mr. Syed Ehteshamuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 61(2) of the Bharatiya

                   Nyaya Sanhita and Sections 25(1-B)a, 26 and 35 of the Arms

                   Act.

                                3. As per prosecution case, informant alleged that on

                   26.08.2025, during the course of patrolling duty two accused

                   persons were apprehended, who disclosed that this petitioner

                   had told them that one Ram Niwas Tiwary had given a contract

                   of Rs. 2,00,000/- (Rs. Two Lac) to kill one Ramesh Tiwary and

                   to execute that incident both of them were going to Mohanapur

                   Sagar with petitioner who ran away after seeing the police.

                                4. Learned counsel for the petitioner submits that
            Patna High Court CR. MISC. No.91506 of 2025(2) dt.19-01-2026
                                                        2/2




                      petitioner has committed no offence. His name transpires on

                      basis of confessional statement of co-accused Munna Kumar.

                      Petitioner claims clean antecedent.

                                   5. Considering the nature of accusation and gravity of

                      the offence, prayer for anticipatory bail of the petitioners is

                      refused.


                                            (Prabhat Kumar Singh, J)

khushbu/-

U      T


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