Patna High Court

Rahul Sah @ Abhishek KumarversusThe State of Bihar

Decided: 12 March 2026
Disposal: BAIL GRANTED
Bench: PRAVEEN KUMAR

Holding

The Court granted regular bail to the petitioner, subject to a bond and sureties.

Summary

The petitioner, Rahul Sah, was charged under sections 126(2), 140(3), 115, 352, 351(2) and 3(5) of the B.N.S. for allegedly kidnapping an informant, beating him and threatening him. He applied for regular bail, claiming innocence, alleging that the FIR was not properly filed and that a co‑accused had already been granted bail in a similar case. The State opposed the bail on the ground of the seriousness of the offences and the petitioner’s six prior criminal antecedents. The Court considered the submissions, the nature of the offences, the petitioner’s custody since 27‑11‑2025, and the precedent of bail to the co‑accused. It ordered that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties of equal amount, and allowed the bail application.

Issues considered

Whether the petitioner is entitled to regular bail despite the gravity of the offences under the B.N.S.
Whether the petitioner’s prior criminal antecedents preclude the grant of bail
Whether the precedent of bail granted to a co‑accused influences the decision

Legislation cited

B.N.S. — s. 115, 126(2), 140(3), 3(5), 351(2), 352

Subjects

regular bail
kidnapping
assault
B.N.S.
criminal procedure
bail jurisprudence
prior antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14423 of 2026
                 Arising Out of PS. Case No.-105 Year-2025 Thana- LAHERIYASARAI District- Darbhanga
                 ======================================================
                 Rahul Sah @ Abhishek Kumar S/O Mahabir Sah Resident of Mohalla -
                 Ballbhadarpur, P.S- Laheriasarai, Distt.- Darbhanga Bihar
                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anil Kumar, Advocate
                 For the Opposite Party/s :      Md. Mushtaque Alam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   12-03-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Laheriasarai P.S. Case

                   No. 105 of 2025 registered for the offences punishable u/s

                   126(2), 140(3), 115, 352, 351(2) and 3(5) of the B.N.S.

                                3. As per the prosecution case, the petitioner along

                   with his associates kidnapped the informant and took him to

                   Gudri Bazar, Darbhanga, thereafter, he was beaten up and

                   threatened to leave Gudri Bazar. It is further alleged that

                   anyhow he went to Ekma Ghat and spent night at Shiv Mandir,

                   thereafter, came to Bengali Tola. The reason behind the incident

                   is stated to be attraction towards one girl by several young boys.

                                4. Learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in

                   this case. It is further submitted that the offence as alleged in the
              Patna High Court CR. MISC. No.14423 of 2026(2) dt.12-03-2026
                                                          2/2




                        FIR did not take place and it is highly unbelievable that the

                        kidnappers left him without harming him so as to disclose the

                        identity of the accused persons and the allegation appears to be

                        a suspicious one. It is further submitted that similarly situated

                        co-accused person, namely, Aman Kumar has already been

                        granted the privilege of bail by a co-ordinate Bench of this

                        Court vide order dated 15.10.2025 passed in Cr. Misc. No.

                        42589 of 2025. It is lastly submitted that the petitioner has six

                        criminal antecedents and is in custody since 27.11.2025.

                                     5. Learned APP for the State has vehemently opposed

                        the prayer for bail of the petitioner.

                                     6. Considering the aforesaid submissions of the

                        parties and taking into account the facts and circumstances of

                        the case, let the petitioner above-named, be enlarged on bail on

                        furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)

                        with two sureties of the like amount each to the satisfaction of

                        learned Court concerned, Darbhanga, in connection with

                        Laheriasarai P.S. Case No. 105 of 2025.

                                     7. The application stands allowed.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T

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