Rajan @ Gandhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9726 of 2025 Arising Out of PS. Case No.-4 Year-2024 Thana- KHAJEKALA District- Patna ====================================================== Rajan @ Gandhi S/o Kartik Kumar @ Kartik Das R/o Mohalla- Sah Ke Bag, P.S.- Khajekalan, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bindeshwar Prasad Singh, Adv.
For the Opposite Party/s :
Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence under Sections 307, 506, 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The informant alleges that on 02.01.2024 at 5 PM, her husband asked her to prepare tea and went out and thereafter, at 5:30 PM, some villagers came and told that someone has shot her husband near graveyard and as such, informant went there and saw that her husband was struggling as multiple bullets were shot in his head & face and one Md. Chotu was also lying beside her husband and he was shot in his leg. Later on, husband of informant died on account of gun shot
Patna High Court CR. MISC. No.9726 of 2025(3) dt.02-04-2025 2/3 injury. Informant suspects that all the F.I.R. named accused persons including this petitioner killed her husband, as three days prior to occurrence her husband had disclosed that these accused persons had threatened to kill him (husband of informant).
4. Learned counsel for the petitioner submits that informant is not eye-witness to the occurrence and only suspicion has been raised against this petitioner. He further submits that husband of informant was himself a veteran criminal and as such, there is possibility that he might have been killed by someone else and based on suspicion, the petitioner and others have been made accused. Similarly situated coaccused Mani Kumar has been granted anticipatory bail by a coordinate Bench of this Court, vide order dated 24.09.2024 passed in Cr.Misc. No. 58135/2024 (Annexure P-III).
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.9726 of 2025(3) dt.02-04-2025 3/3 satisfaction of learned J.M. I, Patna City, Patna in connection with Khajekalan P.S. Case No. 4 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay U T