Patna High Court
Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
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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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