Patna High Court
Rahul Kumar @ Golu @ Rahul Kumar ModiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Rahul Kumar Modi, was arrested on 4 September 2025 in connection with PS Kabaiya Case No. 327 of 2025 for alleged offences under Sections 140(3), 103(1) and 238 of the BNS Act. The FIR does not name him; his alleged involvement emerged solely from the confessional statements of co‑accused Anup Kumar, while other co‑accused have already been granted bail. The prosecution opposed bail, arguing that the petitioner had confessed and possessed a prior criminal case, though he was on bail in that matter. The petitioner’s counsel contended that no independent material linked him to the crime beyond the co‑accused’s confession. After considering the circumstances, the Court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of his criminal antecedent. The bail order was conditioned on compliance with future court directives and allowed the petitioner to remain in custody only until the bond was furnished.
Issues considered
- Whether bail should be granted to the petitioner when the only evidence against him is the confessional statement of a co‑accused.
- Whether the petitioner’s prior criminal antecedent and alleged confession justify denial of bail.
Subjects
- bail
- confession
- co‑accused
- criminal antecedent
- Section 140(3)
- Section 103(1)
- Section 238
- BNS Act
- High Court
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10069 of 2026
Arising Out of PS. Case No.-327 Year-2025 Thana- Kavaiya District- Lakhisarai
======================================================
Rahul Kumar @ Golu @ Rahul Kumar Modi Son of Sanjay Modi R/o
Mohalla - Kiul Basti, Ward No-20, Naya Bazar, P.S.- Kabaiya, District -
Lakhisarai.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Anand, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 02-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
04.09.2025 in connection with Kabaiya P.S. Case No. 327 of
2025 for the offences punishable under Sections 140(3), 103(1)
and 238 of BNS.
3. The prosecution story, in brief, is that the son of
informant namely Sikander Kumar has not returned home since
25-08-2025. It is next alleged that when they tried to reach his
mobile number which is 7632843079, is also switched off as
such the informant is frightened that some mishap has taken
place with his son.
4. Learned counsel for the petitioner submits that the
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petitioner is not named in the FIR and the name of the petitioner
has transpired during the course of investigation on the basis of
confessional statement of co-accused person namely, Anup
Kumar. Apart from that the co-accused persons namely Satish
Kumar, Raju Kumar, Mohit Kumar @ Mohit Thakur and
petitioner have confessed their guilt in the present occurrence.
Learned counsel for the petitioner submits that except the
confessional statement of co-accused person, no cogent material
has come during the course of investigation to suggest the
involvement of the petitioner in the present occurrence and the
co-accused person namely Anup Kumar who has confessed the
name of the petitioner has been granted bail vide order dated
01.04.2026 passed in Cr. Misc. No. 20114 of 2026 by a
Coordinate Bench of this Court, another co-accused person
namely Satish Kumar has been granted bail vide order dated
01.04.2026 passed in Cr. Misc. No. 2773 of 2026 by a
Coordinate Bench of this Court and co-accused persons namely
Raju Kumar and Mohit Kumar have been granted bail vide
order dated 19.03.2026 passed in Cr. Misc. No. 4636 of 2026 by
a Coordinate Bench of this Court and police after investigation
has submitted charge-sheet and the petitioner is in custody since
04.09.2025.
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5. The learned Additional Public Prosecutor for the
State, on the other hand, has vehemently opposed the prayer for
bail of the petitioner and submits that the petitioner has
confessed his guilt. Apart from that, the petitioner has
antecedent of one case other than the present case but fairly
submits that petitioner is on bail in the pending matter.
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 Chief
Judicial Magistrate, Lakhisarai or its successor Court in
connection with Kabaiya P.S. Case No. 327 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
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 canceled 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
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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)
Gaurav Sinha/-
U T
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