Created by Fuzzy Cloud

Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the application for regular bail, granting the petitioner release on bond with conditions.

Summary

The petitioner, Rahul Kumar, was arrested in connection with Atri Police Station Case No. 429 of 2025 for alleged offences under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. He contended that he was not related to the deceased or her husband, and that the husband had merely purchased two bullets from him, asserting his innocence. The petitioner had been in custody since 23 October 2025 and sought regular bail, while the State opposed the relief. The Court examined the nature of the allegations, the period of custody, and the petitioner’s claim of innocence. Concluding that the circumstances did not warrant continued detention, the Court granted regular bail on a bond of Rs. 10,000 with two sureties and imposed a condition of monthly attendance at the police station.

Issues considered

  • Whether regular bail should be granted to the petitioner accused under Section 103(1) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
  • Whether the nature of the alleged offences and the period of custody justify denial of bail.

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • Section 103
  • Section 27
  • attendance condition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27096 of 2026
                          Arising Out of PS. Case No.-429 Year-2025 Thana- ATRI District- Gaya
                 ======================================================
                 Rahul Kumar Son of Nagendra Singh Resident of Village - Seedh, P.S. - Atri,
                 District - Gaya ji.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shivendra Prasad
                 For the Opposite Party/s :       Mr. Arun Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   22-04-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Atri P.S. Case No. 429 of 2025 registered for the offence under

                   Section(s) 103(1) of the Bharatiya Nyaya Sanhita, 2023 and

                   Section 27 of the Arms Act.

                                3. The petitioner is not a member of the family of the

                   deceased and her husband. It is said that the husband had

                   purchased two bullets from the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 23.10.2025.

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

                   opposed the prayer for bail.
            Patna High Court CR. MISC. No.27096 of 2026(2) dt.22-04-2026
                                                        2/2




                                   6. Considering the aforesaid facts and circumstances,

                      the nature of allegation and the period of custody, this

                      application for regular bail is allowed.

                                   7. Accordingly, let the petitioner, above named, be

                      released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Court below where the case is

                      pending/successor Court in connection with Atri P.S. Case No.

                      429 of 2025 subject to conditions that:-

                                                         (i). The petitioner will mark his
                                              attendance at the Atri Police Station on the
                                              first and third Sunday of each month. Any
                                              default in appearance at the Police Station
                                              would result in cancellation of bail bond of
                                              the petitioner.
                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.