passed in Sessions Trial No.1309 of 2025, arising
out of Alamganj P.S. Case No.895 of 2024 (G.R. No.711 of
2025), registered for the offences punishable under Sections
103(1) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS)
Patna High Court CR. MISC. No.34622 of 2026 dt.10-07-2026
and Section 27 of the Arms Act, to which Sections 25(1-B)(a),
26 and 35 of the Arms Act came to be added in course of the
investigation.
2. The prosecution case, as set out in the
written report of the petitioner-informant dated 08.10.2024, is
that on the said date, at about 5:00 A.M., her husband, namely,
Rajiv Ratan Gupta, had gone out for his daily morning walk,
was shot dead. It is alleged that the opposite party no.2, whose
house adjoins the newly constructed house of the informant, had
a land dispute with the deceased and had persistently been
pressurizing him to execute/transfer the said house in his name,
holding out the threat that upon his failure to do so, his wife
would be widowed. It is further alleged that two or three days
prior to the occurrence, the opposite party no.2 had called the
deceased and caused pressure to be exerted upon him through
other criminals, that the opposite party no.2 was aware of the
daily routine of the deceased of going out for a morning walk,
and that it is in that setting that the deceased was shot dead. The
informant alleges that the opposite party no.2, along with others,
committed the murder of her husband with the intention of
grabbing her newly built house. On the basis of the said written
report, Alamganj P.S. Case No.895 of 2024 dated 08.10.2024
Patna High Court CR. MISC. No.34622 of 2026 dt.10-07-2026
came to be registered against the opposite party no.2, who is the
solitary named accused therein, and others were unknown
criminals.
