Patna High Court
Rakesh Kumar @ Sipahi @ RakeshversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court denied the petitioner's application for regular bail.
Summary
The petitioner, Rakesh Kumar, was arrested in connection with a case involving the alleged assault and disappearance of an informant's brother, under several sections of the Bharatiya Nyaya Sanhita, 2023. He applied for regular bail, claiming false implication, noting that a pendrive provided by the informant did not show his involvement and that he has no prior criminal record. The informant's counsel argued that a fight between the deceased and the petitioner and a co-accused's confession implicated him, and highlighted that bail had been denied to other co-accused. The court considered the seriousness of the allegations, the prior bail rejections, and the material gathered during investigation. It concluded that the petitioner should not be released on bail at this stage and rejected the bail application, allowing him to reapply after six months or after charge framing.
Issues considered
- Whether the petitioner is entitled to regular bail under the Bharatiya Nyaya Sanhita, 2023 given the nature of the offences and the evidence.
- Whether the confession of a co-accused and prior bail rejections of other accused affect the petitioner's bail eligibility.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 140(1), 3(5), 61(1)
Subjects
- regular bail
- Bharatiya Nyaya Sanhita
- false implication
- confession
- co-accused
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29703 of 2026
Arising Out of PS. Case No.-256 Year-2025 Thana- KHAGAUL District- Patna
======================================================
Rakesh Kumar @ Sipahi @ Rakesh S/O Amit Kumar Resident of Village -
Dalluchak, Police Station - Khagaul in the District of Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Kumar Sinha, Advocate
For the State : Mr. Abhay Kumar Roy, APP
For the Informant : Mr. Ashish Giri, Sr. Advocate
Mr. Sumit Kumar Jha, Advocate
Ms. Riya Giri, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 01-07-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Khagaul P.S. Case no.
256 of 2025 registered under sections 126(2), 115(2), 109,
140(1), 61(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that on 5.8.2025 his elder brother had proceeded from his house.
Subsequently a phone call was received stating therein that the
eight named accused persons including the petitioner herein as
also 5-7 unknown accused persons were assaulting his brother.
On reaching the place of occurrence, no one was to be found nor
any trace of his brother was there. The informant states that he is
Patna High Court CR. MISC. No.29703 of 2026(4) dt.01-07-2026
2/3
convinced that the accused persons have taken away his brother.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. Even in course of
investigation a pendrive was provided by the informant with respect
to the occurrence to the police wherein 10-11 persons can be seen
involved in the occurrence. The petitioner is not amongst them. The
petitioner has been falsely implicated in the case in the confessional
statement of co-accused Ritesh made before police. The petitioner
surrendered in the learned Court below on 8.8.2025 and is in custody
since then. He has no criminal antecedent and chargesheet has been
submitted in the case.
5. The application for bail is opposed by learned APP
for the State and learned counsel for the informant. Learned
counsel for the informant submits that it has transpired in course
of investigation that there was fight between the deceased and
the petitioner in a birthday party and thereafter the occurrence
was given effect to. The name of the petitioner transpired in
course of investigation in the confessional statement of a co-
accused and the said confession also lead to recovery of the
dead-body. Learned counsel for the informant has taken the
Court through different paragraphs of the case diary including
paragraph no.35 wherein the statement of the co-accused Ritesh
Patna High Court CR. MISC. No.29703 of 2026(4) dt.01-07-2026
3/3
Kumar has been recorded. It is finally submitted that the bail
application of co-accused Roshan Kumar and Vishal Kumar
have been rejected by a Co-ordinate Bench by common order
dated 28.4.2026 passed in Cr. Misc. no.8141 of 2026 and Cr.
Misc. no.12575 of 2026.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the FIR and the material that has transpired in course of
investigation specially the order of rejection of the application
for bail of the co-accused vide aforesaid order dated 28.4.2026,
the Court is not inclined to enlarge the petitioner on bail for the
present and the application is rejected.
7. Liberty is granted to the petitioner to renew his
prayer for bail after six months or on framing of charge,
whichever is later.
(Partha Sarthy, J)
sauravkrsinha/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.