Patna High Court

Rahul KumarversusThe State of Bihar

Decided: 8 April 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

The petitioner is entitled to bail and the bail application is allowed.

Summary

Rahul Kumar was arrested in connection with a shooting incident recorded in Sherghati P.S. Case No. 337 of 2025, charged under sections 109, 126(2), 115(2) and 115(3) of the Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act, 1959. The FIR alleges that co‑accused Rajeev Pathak gave a supari to Danish Iqbal, who fired at an informant, and that the petitioner’s name appears in a confessional statement of the co‑accused. The petitioner, who has been in custody since 30 July 2025 and has no prior criminal record, sought regular bail. The State opposed the bail. The Court noted that the main allegation is against Danish Iqbal, that Rajeev Pathak had already been released on bail, and that the petitioner had been detained for eight months, and therefore ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite charges under the Bharatiya Nyaya Sanhita and the Arms Act
Whether prolonged pre‑trial detention of eight months violates the petitioner’s right to liberty
Whether the inclusion of the petitioner’s name in a co‑accused’s confessional statement suffices to deny bail

Legislation cited

Arms Act, 1959 — s. 27
Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 115(3), 126(2)

Subjects

regular bail
Bharatiya Nyaya Sanhita
Arms Act
pre‑trial detention
supari
confessional statement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23430 of 2026
                        Arising Out of PS. Case No.-337 Year-2025 Thana- SHERGHATI District- Gaya
                 ======================================================
                 Rahul Kumar S/o- Sanjay Manjhi, Village- Kajarsoth PS-Sherghati District-
                 Gaya


                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar


                                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Krishna Pd. Singh, Sr. Advocate
                                                   Mr. Rakesh Singh, Advocate
                 For the Opposite Party/s :        Mr. Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                                   ORAL ORDER

2   08-04-2026                   Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Sherghati P.S. Case no.

                   337 of 2025 registered under sections 109, 126(2), 115(2) and

                   3(5) of the Bharatiya Nyaya Sanhita, 2023 and section 27 of the

                   Arms Act, 1959.

                                 3. As per the prosecution case, the informant states

                   that three accused persons on a motorcycle overtook him.

                   Thereafter it is stated that Danish Iqbal fired upon him. One of

                   the shots hit the informant causing serious injuries. It is further
Patna High Court CR. MISC. No.23430 of 2026(2) dt.08-04-2026
                                            2/3




          stated that Danish Iqbal fired upon the informant on supari

          being given by co-accused Rajeev Pathak.

                       4. Learned Senior counsel appearing for the petitioner

          submits that from the contents of the FIR itself, while the supari is

          said to have been given by co-accused Rajeev Pathak, the main

          accused is said to be Danish Iqbal. The name of the petitioner

          transpired in the confessional statement of a co-accused made before

          police. The case of the petitioner stands on a better footing then that

          of co-accused Rajeev Pathak who has been enlarged on bail vide

          order dated 24.9.2025 passed in Cr. Misc. no.67873 of 2025. The

          petitioner is in custody since 30.7.2025 and has no criminal

          antecedent. Chargesheet has been submitted in the case.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and

          taking into consideration the allegations in the FIR, the main

          allegation being against Danish Iqbal, co-accused Rajeev Pathak

          having been enlarged on bail vide aforesaid order dated

          24.9.2025 and the petitioner having remained in custody for

          eight months since 30.7.2025, the Court directs the petitioner to be

          enlarged on bail in connection with Sherghati P.S. Case no. 337 of

          2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
           Patna High Court CR. MISC. No.23430 of 2026(2) dt.08-04-2026
                                                       3/3




                     with two sureties of the like amount each to the satisfaction of the

                     learned Additional Chief Judicial Magistrate-I, Sherghati, Gaya.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T

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