Patna High CourtCR. MISC./8371/2026bail granted

Raj Kumar v. The State Of Bihar

2026-02-03Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8371 of 2026 Arising Out of PS. Case No.-779 Year-2025 Thana- DANAPUR District- Patna ====================================================== Raj Kumar S/O Kanhai Singh R/O Village- Hajiganj, P.S- Chow Patna City, Distt.- Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Danapur P.S. Case No. 779 of 2025, instituted for the offences punishable under Sections 310(4), 310(5), 61(2) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that there is recovery of one country made pistol and one live cartridge from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.8371 of 2026(2) dt.03-02-2026 2/3 petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner has been arrested only on the basis of suspicion. It is further submitted that the petitioner has got no concern with the alleged recovery of arms. The petitioner is in custody since 27.07.2025 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Other co-accused has been granted bail by this Court vide order dated 20.01.2026, passed in Cr. Misc. No. 91071 of 2025.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner as also claim based on parity, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Danapur P.S. Case

Patna High Court CR. MISC. No.8371 of 2026(2) dt.03-02-2026 3/3 No. 779 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T