Patna High Court

Rahul KumarversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The court granted regular bail to the petitioners subject to bond and attendance conditions.

Summary

Petitioners Rahul Kumar and Vikash Kumar were charged under IPC sections 394 (dacoity) and 302 (murder) and Arms Act section 27. Their earlier bail application was rejected, but they argued that no material (motorcycle or number plate) was recovered from them, the only recovery being from a co-accused who had already been bailed. The State contended that the lack of recovery from the petitioners did not justify bail. The High Court, after hearing counsel, found the petitioners not directly linked to the seized items and allowed the bail application, directing a bond of Rs.10,000 with two sureties who must be close relatives, and imposing a condition of monthly police‑station attendance. The order thus released the petitioners on bail subject to these conditions.

Issues considered

Whether regular bail can be granted to accused of serious offences (IPC 394, 302 and Arms Act 27) when no material evidence has been recovered from them.
Whether the prior denial of bail can be revisited on the basis of lack of recovery and the bail of a co‑accused.

Legislation cited

Arms Act — s. 27
Indian Penal Code — s. 302, 394

Subjects

bail
IPC 302
IPC 394
Arms Act 27
regular bail
serious offences
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30804 of 2025
                     Arising Out of PS. Case No.-184 Year-2024 Thana- SITAMARHI District- Sitamarhi
                 ======================================================
           1.     Rahul Kumar S/o- Shankar Singh Resident of village- Bachopatti Got, Ward
                  No-12 PS- Bajpatti, Dist- Sitamarhi
           2.    Vikash Kumar S/o- Shankar Singh Resident of village- Bachopatti Got,
                 Ward No-12 PS- Bajpatti, Dist- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. P.N. Shahi, Sr. adv.
                                                  Mr.Subodh Kumar
                 For the Opposite Party/s :       Mr.Rajiv Nayan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   10-02-2026                    Heard the parties.

                                 2. This is the second attempt of the petitioners for

                   grant of regular bail in connection with Sitamarhi P.S. Case No.

                   184 of 2024 registered for the offence under Sections 394 and

                   302 of the Indian Penal Code and under Section 27 of the Arms

                   Act.

                                 3. Earlier the bail application of the petitioners was

                   rejected vide order dated 26.03.2025 passed in Cr. Misc. No.

                   79331 of 2024 considering the fact that they are involved in the

                   loot but today, Mr. Shahi has argued this case vehemently and

                   relying on the seizure list, has submitted that nothing has been

                   recovered from the petitioners and the recovery is from one
Patna High Court CR. MISC. No.30804 of 2025(6) dt.10-02-2026
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          Sunil Kumar who has been granted bail vide order dated

          21.08.2024 passed in Cr. Misc. No. 54059 of 2024. The

          petitioner is in custody since 25.04.2024.

                       4. Mr. Jharkhandi Upadhyay, learned APP for the

          State, after going through the case diary, submits that it is a fact

          that neither the motorcycle nor the number plate of the

          motorcycle has been recovered from the petitioners and the

          recovery is from one Sunil Kumar, who has already been

          granted bail.

                       5. Considering the aforesaid facts, this application is

          allowed.

                       6. Let the petitioners, above named, 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

          the learned Chief Judicial Magistrate, Sitamarhi/concerned

          Court below in connection with Sitamarhi P.S. Case No. 184 of

          2024, subject to the condition that both the bailors of both the

          petitioners shall be close relative of the petitioners.

                       7. As a condition of this order, the petitioners, after

          being released on bail are directed to mark their attendance at

          Bajpatti Police Station on every Sunday of each month. Any

          default in appearance at the police station will result in
          Patna High Court CR. MISC. No.30804 of 2025(6) dt.10-02-2026
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                    cancellation of bail bonds of the petitioners.



                                                            (Sandeep Kumar, J)
Vikas/-

U

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