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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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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