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Patna High Court

Rajesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

Rajesh Kumar was arrested in connection with a murder case (Sections 140(1), 103(1), 238 and 61(2) of the B.N.S.) after his rented Ertiga car was allegedly used to transport victims whose bodies were later found on a railway track. The petitioner argued that he was not named in the FIR and that the only link to him was the car, which he had rented without knowledge of any criminal intent, and that he had no prior criminal record. The State opposed bail, contending the seriousness of the offences and the involvement of the vehicle. The Court examined the lack of direct evidence against the petitioner, his clean antecedents, the duration of his custody since 28‑09‑2025, and the general nature of the accusation. Finding the material insufficient to justify continued detention, the Court granted bail on a bond of Rs.10,000 with two sureties. The order directed the petitioner’s release subject to the bail conditions.

Issues considered

  • Whether the petitioner is entitled to bail despite being implicated only through the alleged use of his rented car.
  • Whether the evidence on record, including the co‑accused’s confessional statement, is sufficient to justify continued custody.

Legislation cited

  • B.N.S. — s. 103(1), 140(1), 238, 61(2)

Subjects

  • bail
  • criminal procedure
  • murder
  • indirect involvement
  • clean antecedents
  • vehicle used in crime
  • evidentiary standards

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14987 of 2026
                        Arising Out of PS. Case No.-279 Year-2025 Thana- PUNPUN District- Patna
                 ======================================================
                 Rajesh Kumar S/o Dhulchan Jamdar R/o - Pabhera, P.S - Dhanarua, District -
                 Patna

                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Faiz Naseem, Advocate
                 For the State           :        Mr. Nand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   10-04-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 140(1), 103(1), 238 and

                   61(2) of the B.N.S..

                                3. The prosecution case, in brief, is that on

                   11.09.2025, Pramod Kumar made a call from mobile to the

                   informant and informed that Subodh Kumar @ Loha Yadav

                   (deceased), Dheeraj Kumar, Lovely Kumari (deceased) and

                   Sudhanshu Kumar had been picked up from Ram Krishna by all

                   the FIR-named accused along with some unknown persons, who

                   dragged them away. Later, the informant received information

                   from Dhanarua Police Station that two unidentified dead bodies
Patna High Court CR. MISC. No.14987 of 2026(2) dt.10-04-2026
                                            2/3




          had been found on the railway track. The bodies were sent to

          PMCH, where the informant identified them as her son Subodh

          Kumar @ Loha and Lovely Kumari. The informant alleged that

          both had been murdered and their bodies thrown on the railway

          track.

                       4. It is submitted by learned counsel for the petitioner

          that petitioner is quite innocent and has committed no offence.

          Petitioner is not named in the F.I.R.. Name of petitioner

          transpired during investigation in the confessional statement of

          co-accused Rahul Kumar and only material that has come

          against this petitioner is that Ertiga car of this petitioner was

          used in commission of the alleged offence and the said car was

          recovered from possession of this petitioner. As a matter of fact,

          petitioner had rented his car and without being aware of the

          intention of the accused persons. Save and except the same,

          there is no other material to show the complicity of this

          petitioner in the alleged offence. Moreover, charge-sheet has

          already been submitted and petitioner, having no criminal

          antecedents, is in custody since 28.09.2025.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the facts and circumstances of the
             Patna High Court CR. MISC. No.14987 of 2026(2) dt.10-04-2026
                                                         3/3




                       case, general and omnibus nature of accusation, period of

                       custody and clean antecedents of the petitioner, the prayer for

                       grant of bail to the petitioner is allowed.

                                    7. Accordingly, let the above named petitioner 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 learned S.D.J.M., Masaurhi in connection with

                       Punpun P.S. Case No. 279 of 2025.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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