Patna High Court
Bhushan Prasad @ Braj Bhushan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail could not be granted due to the serious nature of the murder allegation and the evidentiary material linking the petitioner to the offence.
Summary
The petitioner, Bhushan Prasad, was arrested in connection with a murder case (PS Ghoshi Case No. 429 of 2025) alleged under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The prosecution alleged that he, along with co‑accused, shot and killed the son of an informant, citing eyewitness testimony of his direct involvement. The petitioner applied for regular bail after being in custody since 22 September 2025. The court examined the seriousness of the offence, the nature of the evidence, and the risk of tampering with evidence or influencing witnesses. Considering the gravity of the murder charge and the strength of the prosecution’s case, the court declined to grant regular bail. The order indicated that bail could be reconsidered only if the trial is unduly delayed by the prosecution.
Issues considered
- Whether regular bail should be granted to the accused in a murder case under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1)
Subjects
- regular bail
- murder
- arms act
- high court
- criminal procedure
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91890 of 2025
Arising Out of PS. Case No.-429 Year-2025 Thana- GHOSI District- Jehanabad
======================================================
Bhushan Prasad @ Braj Bhushan Kumar S/O Ram Pravesh Prasad R/O
Village- Pritam Bigha, P.S- Ghoshi (Okari), Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar Singh
For the Opposite Party/s : Mr.Narendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 26-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Ghoshi (Okari) P.S. Case No. 429 of 2025 registered for the
offence under Section 103(1) of the Bharatiya Nyaya Sanhita,
2023 and Section 27 of the Arms Act.
3. The allegation against the petitioner is that he along
with other co-accused persons have actively participated in the
alleged occurrence of the murder of the son of the informant.
4. The petitioner is in custody since 22.09.2025. The
witnesses have said that it is the petitioner who had shot and
killed the deceased due to previous enmity.
5. Considering the allegation levelled against the
petitioner, this Court is not inclined to grant regular bail to the
Patna High Court CR. MISC. No.91890 of 2025(4) dt.26-03-2026
2/2
petitioner.
6. Accordingly, this application for regular bail stands
rejected. If the trial is delayed by the prosecution, the petitioner
may renew his prayer for bail.
(Sandeep Kumar, J)
Shishir/-
U T
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