Patna High Court
Rahul Kumar Das @ Rahul DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted regular bail to the petitioner.
Summary
Petitioner Rahul Kumar Das was charged with murder under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act for allegedly killing the brother of an informant. The prosecution's case relied solely on the confessional statements of a co-accused and the petitioner, with no other evidence presented. Das had been in custody for about two years, and the trial had shown no substantial progress, prompting a prior bail denial. The informant's counsel alleged a prior dispute and a conspiracy involving a payment of Rs.5,000 for the killing. Considering the prolonged detention, lack of trial progress, and this being a second bail application, the court granted regular bail on a bond of Rs.20,000 with two sureties, subject to attendance conditions.
Issues considered
- Whether regular bail should be granted to an accused of murder and arms offences when the trial has not progressed and the accused has been in custody for two years
- Whether the sole reliance on confessional statements without corroborative evidence justifies bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- Indian Penal Code
- Arms Act
- trial delay
- confessional statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14792 of 2026
Arising Out of PS. Case No.-237 Year-2024 Thana- KANKARBAG District- Patna
======================================================
Rahul Kumar Das @ Rahul Das S/O Late Ajay Kumar Das R/O Vill-Ramad-
har Gali,Karbigahiya,P.S-Jakkanpur, Distt -Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar Pandey
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 03-04-2026 1. Heard the parties.
2. Petitioner renews his prayer for regular bail in connection
with Kankarbagh P.S. Case No. 237 of 2024 dated 04.04.2024
registered for the offence under Section 302, 34 of the I.P.C. and
Section 27 of the Arms Act.
3. As per the prosecution case on 04.04.2024 the brother of
the informant who was working as a vendor in Anamika Indane
Gas Agency in Kankarbagh was shot dead by two unknown per-
sons riding on a motorcycle.
4. Learned counsel for the petitioner submits that name of
the petitioner has transpired on the basis of confessional state-
ment of the co-accused Sandeep Kumar Yadav and self
inculpatory confessional statement of the petitioner. Except con-
fessional statement, no other evidence has come on record dur-
Patna High Court CR. MISC. No.14792 of 2026(4) dt.03-04-2026
2/3
ing the course of investigation. The petitioner is in custody since
06.04.2024 i.e. for about two years. This court while rejecting
the prayer of the petitioner for bail earlier vide order dated
25.10.2024 passed in Cr. Misc. No. 69147 of 2024 had given
liberty to the petitioner to renew his prayer for bail after one
year if the trial does not show any progress. The trial has not
shown any substantial progress and the case has been committed
to the court of session on 16.02.2026.
5. On the other hand, learned counsel for the informant
opposed the prayer for bail and submits that there was previous
dispute between the deceased and the petitioner. A conspiracy
was hatched at the house of the co-accused Prince Raj and the
petitioner gave a sum of Rs. 5,000/- for killing of the deceased
and further promised to give Rs. 25,000/- after the work is done.
6. Regard being had to the submission made by the parties,
taking into consideration the fact that petitioner has remained in
custody for about two years, trial has not progressed substan-
tially and this is second attempt for bail on behalf of the
petitioner, accordingly, I am inclined to grant regular bail to the
petitioner.
7. Let the petitioner, above named, be released on regular
bail on furnishing bail bond of Rs. 20,000 /- (twenty thousand)
Patna High Court CR. MISC. No.14792 of 2026(4) dt.03-04-2026
3/3
with two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate 1st Class, Patna in connection with
Kankarbagh P.S. Case No. 237 of 2024 subject to the condition
that the petitioner shall remain present before the trial court on
each and every date and in case of default on two consecutive
dates without prior permission of the trial court, his bail bond
shall liable to be cancelled.
(Anil Kumar Sinha, J)
praful/-
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