Patna High Court

Rahul KumarversusThe State of Bihar

Decided: 1 April 2026
Disposal: BAIL REJECTED
Bench: PURNENDU SINGH

Holding

Pre‑arrest bail was denied as the allegations were of a grave and serious nature.

Summary

The petitioners, Rahul Kumar and Rupesh Kumar, were charged in Ahiyapur Police Station Case No. 872 of 2025 for offences under Sections 137(2) of the BNS, with additional charges under Sections 140(1), 103(1), 238, 61(2) and 3(5) of the BNS. They applied for pre‑arrest bail, claiming that the allegations were unfounded. The State contended that the allegations involved the abduction and subsequent murder of an informant's son, constituting a grave and serious offence. Justice Purnendu Singh examined the seriousness of the charges and the risk to public order. Concluding that the nature of the alleged crime warranted detention, the court declined to grant pre‑arrest bail. The bail application was therefore disposed of, effectively dismissing the petition.

Issues considered

Whether the petitioners are entitled to pre‑arrest bail in a case involving alleged abduction and murder under the specified sections of the BNS.

Legislation cited

BNS — s. 103(1), 137(2), 140(1), 238, 3(5), 61(2)

Subjects

pre‑arrest bail
abduction
murder
serious offence
bail denial

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3424 of 2026
                     Arising Out of PS. Case No.-872 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
                  ======================================================
            1.     Rahul Kumar S/o Mahadev Ray R/o Village- Hanuman Nagar, P.O and P.S-
                   Rajepur, Distt.- East Champaran at Motihari.
            2.     Rupesh Kumar S/o Hardev Ray R/o Village- Hanuman Nagar, P.O and P.S-
                   Rajepur, Distt.- East Champaran at Motihari.
                                                                         ... ... Petitioner/s
                                                     Versus
                  The State of Bihar
                                                                  ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Santosh Kumar, Advocate.
                  For the Opposite Party/s :       Mr.Aditya Narayan Singh.1, APP.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER

4    01-04-2026                     Heard learned counsel appearing on behalf of the

                    petitioners and learned APP for the State.

                                 2. The petitioners seek pre-arrest bail in connection

                    with Ahiyapur P.S. Case No. 872 of 2025 registered for the

                    offence punishable under Sections 137(2) of the BNS. Later on

                    Sections 140(1), 103(1), 238, 61(2) and 3(5) of the BNS were

                    added.

                                 3. Considering the grave and serious nature of the

                    allegation against the petitioners that they had abducted the

                    informant’s son and thereafter committed his murder, I am not

                    inclined to enlarge the petitioners on pre-arrest bail.

                                 4. The bail application stands disposed of.


                                                          (Purnendu Singh, J)
mantreshwar/-

U      T

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