Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner as the evidence against him was insufficient and he possessed clean antecedents.
Summary
Rahul Kumar applied for bail in a case registered under Sections 103(1), 61(2) and 3(5) of the B.N.S. and Section 27 of the Arms Act, where the prosecution alleges that, due to political rivalry, the accused killed the informant's husband. The petitioner was not named in the FIR; the only material against him is his phone contact with co‑accused. No other evidence links him to the crime, he has no prior criminal record, and he has been in custody since 12‑08‑2025. The State opposed bail, but the court noted the general and omnibus nature of the accusation, the lack of substantive material, the petitioner’s clean antecedents, and the period of custody. Accordingly, the court granted bail on a bond of Rs. 10,000 with two sureties, directing compliance with the Additional Chief Judicial Magistrate, Masaurhi.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the offences and the paucity of evidence linking him to the alleged crime
Legislation cited
Subjects
- bail
- criminal procedure
- narcotic offences
- arms act
- political rivalry
- investigation
- clean antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20 of 2026
Arising Out of PS. Case No.-53 Year-2025 Thana- PIPRA District- Patna
======================================================
Rahul Kumar Son of Yogendra Paswan R/o village - Sekhpura, P.S.- Pipra,
District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Krishna Pd. Singh, Sr. Advocate
Mr. Satish Kumar Sinha, Advocate
Ms. Moni Kumari, Advocate
Mr. Sadanand Paswan, Advocate
For the State : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard learned senior 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 103(1), 61(2) and 3(5) of the
B.N.S. and Section 27 of the Arms Act.
3. As per prosecution case, informant suspects that
due to political rivalry, all the F.I.R. named accused persons,
along with some unknown persons, killed her husband.
4. It is submitted by learned senior counsel for the
petitioner that petitioner is quite innocent and has committed no
Patna High Court CR. MISC. No.20 of 2026(2) dt.13-02-2026
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offence. Petitioner is not named in the F.I.R.. Name of petitioner
transpired in this case during course of investigation and only
material that has come against this petitioner is that he was in
constant touch with other co-accused persons through mobile
phone. Save and except the same, there is no other material on
record to show the complicity of this petitioner in the alleged
occurrence. Moreover, charge-sheet has already been submitted
and petitioner, having no criminal antecedents, is in custody
since 12.08.2025.
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
case, general and omnibus nature of accusation, materials that
have surfaced during course of investigation, period of custody
and clean antecedents of the petitioner, the prayer for grant bail
of 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 Additional Chief Judicial Magistrate,
Masaurhi, Patna in connection with Pipra P.S. Case No. 53 of
Patna High Court CR. MISC. No.20 of 2026(2) dt.13-02-2026
3/3
2025.
(Prabhat Kumar Singh, J)
shashank/-
U T
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