Rajesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90358 of 2025 Arising Out of PS. Case No.-177 Year-2025 Thana- KHAJAULI District- Madhubani ====================================================== Rajesh Kumar Singh S/o- Bhagwat Singh Village- Kasma Marar PSKahajauli District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Prakash, Advocate For the Opposite Party/s :
Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-01-2026 Heard Mr. Ravi Prakash, learned counsel for the petitioner as well as Mr. Nirmal Kumar Sinha, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 11.09.2025 in connection with Khajauli P.S. Case No. 177 of 2025, F.I.R. dated 28.08.2025 for the offences punishable under Sections 126(2), 115(2), 109 of the Bharatiya Nyay Sanhita, 2023 and Section 27 of Arms Act.
3. According to prosecution case, the informant alleged that on 28.08.2025 at about 09:00 AM,when he was returning home and reached near village Kasma Kwahar Bandh, the petitioner fired upon him due to which he fell down.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.90358 of 2025(2) dt.19-01-2026 2/3 present case. The allegation levelled against the petitioner is false and fabricated. It appears from the FIR itself that the informant did not received any injury and FIR has been instituted only to falsely implicate the petitioner. The petitioner is in custody since 11.09.2025.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that from bare perusal of the FIR it appears that specific allegation of firing is attributed against the petitioner and a misfired cartridge has also been recovered from the place of occurrence and apart from that the petitioner carries six criminal antecedents other than the present one but fairly submits on the basis of paragraph-3 of the bail application that the petitioner is on bail in the pending matters.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 C.J.M., Madhubani in connection with Khajauli P.S. Case No. 177 of 2025, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.90358 of 2025(2) dt.19-01-2026 3/3 and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T