Patna High Court

Rahul Kumar @ Rahul Gupta @ Rahul Genrater @ Rahul Kumar GuptaversusThe State of Bihar

Decided: 25 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Rahul Kumar, was charged under sections 103 and 3(5) of the Bihar Narcotic Substances Act, 2023 and section 27 of the Arms Act for the alleged murder of an informant's husband. The prosecution's case relied primarily on a confessional statement by co‑accused Vivek Kumar, with no other direct evidence linking the petitioner. The petitioner argued innocence, citing that only the confessional statement implicated him and that a similarly situated co‑accused, Rohit Kumar, had previously been granted bail. The State opposed bail, highlighting the petitioner’s nine prior criminal cases. The High Court, considering the lack of substantive evidence and the petitioner’s prolonged custody since June 2025, granted regular bail on a bond of Rs.10,000 with two sureties and imposed conditions of trial cooperation and weekly police‑station attendance.

Issues considered

Whether regular bail should be granted to the petitioner in a murder and arms‑offence case where the only evidence is a co‑accused’s confessional statement.
Whether the petitioner’s prior criminal antecedents justify denial of bail.

Legislation cited

Arms Act — s. 27
Bihar Narcotic Substances Act — s. 103, 3(5)

Subjects

regular bail
murder
arms act
confessional statement
criminal antecedent
judicial custody
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12876 of 2026
                       Arising Out of PS. Case No.-627 Year-2024 Thana- DANAPUR District- Patna
                 ======================================================
                 Rahul Kumar @ Rahul Gupta @ Rahul Genrater @ Rahul Kumar Gupta Son
                 of Late Bablu Prasad Sah @ Late Bablu Gupta Resident of Mohalla-Petiya
                 Bazar, Danapur Cant, Ward No. 1, Police Station-Danapur, District- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhananjay Kumar Tiwary, Advocate
                 For the Opposite Party/s :       Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   25-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 103, and 3

                   (5) of the BNS, 2023 and Section 27 of the Arms Act.

                                3. The case of the prosecution is that the marriage of

                   the informant was solemnized in the year 2019 with one Manoj

                   Kumar @ Jitendra. On 12.07.2024, when the husband of the

                   informant was returning at 7:00 P.M., it is alleged that unknown

                   miscreants have killed the husband of the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that
Patna High Court CR. MISC. No.12876 of 2026(2) dt.25-02-2026
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          during the course of investigation, the name of the petitioner

          has surfaced on the basis of the confessional statement of Vivek

          Kumar. Save and except the confessional statement of co-

          accused Vivek Kumar, nothing has come against the present

          petitioner to implicate him. It is further submitted that similarly

          situated co-accused, namely, Rohit Kumar has been extended

          the privilege of bail vide order dated 15.09.2025 passed in Cr.

          Misc. No. 45645 of 2025. Moreover, the petitioner is

          languishing in judicial custody since 06.06.2025.

                       5. Learned APP appearing for the state has opposed

          the prayer of regular bail and has submitted that petitioner is

          having criminal antecedent of nine cases.

                       6. Considering the aforesaid facts and circumstances

          of the case, this court is inclined to enlarge the petitioner on

          bail. The above named petitioner is directed to be released on

          bail in connection with Danapur P.S. Case No. 627 of 2024 on

          furnishing bail bond of Rs.10,000/- (ten thousand) with two

          sureties of the like amount each to the satisfaction of learned

          Additional Chief Judicial Magistrate-I, Danapur, Patna with

          following conditions:-

                       (i) The petitioner shall cooperate in trial and shall

          remain physically present in the trial court on each and every
            Patna High Court CR. MISC. No.12876 of 2026(2) dt.25-02-2026
                                                        3/3




                      fixed date.

                                   (ii) As most of the cases of the petitioner are from

                      Danapur Police Station, so, he is also directed to mark his

                      weekly attendance at Danapur P.S.



                                            (Ashok Kumar Pandey, J)
shubham/-

U     T

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