Patna High Court

Neeraj Kumar @ Kallu @ NeerajversusThe State of Bihar

Decided: 10 April 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court held that regular bail should be granted to the petitioner despite the serious nature of the charges.

Summary

The petitioner, Neeraj Kumar, was arrested in connection with a murder case (Sections 103, 61(2), 3(5) of the Bharatiya Nyaya Sanhita) after a shooting incident that resulted in the death of Sayed Shahnawaz. The FIR named the shooter, Md. Raja, while the petitioner was implicated only as a conspirator through a co‑accused’s confessional statement. The petitioner, who had been in custody since 30‑05‑2025, filed a regular bail application, arguing that he was not directly named in the FIR. The State opposed the bail, citing the seriousness of the offences. The Court considered the nature of the accusation, the period of custody, and the lack of direct charge against the petitioner, and consequently granted regular bail on a bond of Rs. 10,000 with two sureties.

Issues considered

Whether a person implicated only as a conspirator, and not named in the FIR, is entitled to regular bail in a murder case under the Bharatiya Nyaya Sanhita.
Whether the nature of the offences and the period of custody justify the grant of bail.

Legislation cited

Bharatiya Nyaya Sanhita — s. 103, 3(5), 61(2)

Subjects

regular bail
conspiracy
murder
Bharatiya Nyaya Sanhita
criminal procedure
bail application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.92033 of 2025
                      Arising Out of PS. Case No.-140 Year-2025 Thana- SULTANGANJ District- Patna
                 ======================================================
                 Neeraj Kumar @ Kallu @ Neeraj S/O Late Naresh Prasad R/O Village-
                 Udyani, PS- Gopalpur, District- Patna
                                                                     ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Madhukar Anand, Advocate
                 For the Opposite Party/s :       Mr. Kumar Veerendra Narayan, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   10-04-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner seeks regular bail in connection with

                   Sessions Trial Case No. 1748 of 2025 arising out of Sultanganj

                   P. S. Case No. 140 of 2025 registered for the offences

                   punishable under Sections 103, 61(2), 3(5) of the Bharatiya

                   Nyaya Sanhita.

                                3. As per the FIR, on 04.04.2025, informant’s brother

                   Sayed Shahnawaz and his friend Md. Kaish were going to

                   depose their testimony in Civil Court, Patna on a scooty. Near

                   Khan Mirza Majshid Ghat, two motorcyclists on an Apache bike

                   followed them, out of them one was identified as Md. Raja who

                   fired at Shahnawaz. He was hit and fell down from the scooty.

                   Later, informant’s brother Shahnawaz died during treatment at

                   PMCH. The informant suspects that on account of old enmity

                   this petitioner along with other accused persons were involved

                   in the alleged occurrence.
            Patna High Court CR. MISC. No.92033 of 2025(3) dt.10-04-2026
                                                        2/2




                                   4. Learned counsel for the petitioner submits that

                      petitioner is not named in the F.I.R. and his name surfaced

                      during investigation in confessional statement of co-accused

                      Yash Kumar @ Durlabh @ Durlabh Kumar @ Mirchai who has

                      already been granted regular bail by this Court vide order dated

                      11.03.2026 passed in Cr. Misc. No. 11336 of 2026. Specific

                      accusation of firing is against co-accused Md. Raja and this

                      petitioner is only alleged to be the conspirator. Petitioner is in

                      custody since 30.05.2025. Charge-sheet has already been

                      submitted.

                                   5. However, learned A.P.P. for the State vehemently

                      opposed the bail application.

                                   6. Considering the nature of accusation and period of

                      custody, this bail application is allowed. The petitioner, above

                      named, is directed to be 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 Additional

                      Sessions Judge-VIII, Patna City, Patna in connection with

                      Sultanganj P. S. Case No. 140 of 2025.



                                            (Prabhat Kumar Singh, J)
Navya/-
U       T

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