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Patna High Court

Rahul Kumar @ Golu @ Rahul Kumar ModiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.10069 of 2026(3) dt.02-04-2026
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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.
Patna High Court CR. MISC. No.10069 of 2026(3) dt.02-04-2026
                                            3/4




                      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
           Patna High Court CR. MISC. No.10069 of 2026(3) dt.02-04-2026
                                                       4/4




                     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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