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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied to the petitioner.

Summary

Rahul Kumar was arrested in connection with a double murder case under Sections 302/34 of the IPC and Section 27 of the Arms Act. He applied for bail, claiming he was falsely implicated and not named in the FIR, while the FIR listed other accused. The prosecution relied on confessional statements of co‑accused that allegedly implicated Rahul, and noted that several co‑accused had previously been denied bail by the same court. The petitioner’s counsel argued innocence, but the court considered the seriousness of the offence, the existence of incriminating statements, and the precedent of bail refusals. Consequently, the court refused the bail application, holding that the circumstances did not warrant release on bail.

Issues considered

  • Whether bail should be granted to the accused in a murder case involving Sections 302/34 IPC and Section 27 Arms Act despite confessional statements implicating him
  • Whether the prior denial of bail to co‑accused influences the decision on the petitioner’s bail application

Legislation cited

Subjects

  • bail
  • murder
  • IPC
  • Arms Act
  • criminal procedure
  • confessional statements
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3516 of 2026
                  Arising Out of PS. Case No.-336 Year-2024 Thana- CHAPRA MUFFASIL District- Saran
                 ======================================================
                 Rahul Kumar S/O Kundan Mahato R/O Village- Bintoliya Pokhara, Police
                 station- Chapra Muffsil, District- Saran, Chapra
                                                                         ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sachida Nand Rai, Advocate
                 For the Informant        :      Mr. Jeetendra Narayan, Advocate
                 For the Opposite Party/s :      Mr. Nand Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   09-04-2026                     Heard Mr. Sachida Nand Rai, learned counsel for the

                   petitioner, Mr. Jeetendra Narayan, learned counsel for the

                   Informant and Mr. Nand Kishore Prasad, learned APP for the

                   State.

                                   2. Petitioner seeks bail, who is in custody since

                   04.01.2025, in connection with Sessions Trial No. 898 of 2024

                   (Sessions Trial No. 812 of 2025) arising out of Chapra Muffasil

                   P.S. Case No. 336 of 2024, F.I.R. dated 12.06.2024 registered for

                   the offences punishable under Sections 302/34 of the Indian Penal

                   Code and Section 27 of the Arms Act.

                                  3. Allegation against the petitioner is that he along

                   with other co-accused persons have fired upon the Ram Ayodhya

                   Prasad Yadav and Sunil Kumar as a result of which both of them

                   have died.

                                   4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.3516 of 2026(4) dt.09-04-2026
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          petitioner is innocent and he has been falsely implicated in the

          present case. He further submits that the petitioner is not named in

          the F.I.R. and from perusal of the F.I.R. it appears that the

          informant is an eye witness of the alleged occurrence and he has

          filed the present F.I.R. stating therein that seven accused persons,

          whose name mentioned in the F.I.R., have fired upon the deceased

          persons but it has come during investigation that the confessional

          statement of co-accused persons, namely, Ravi Shankar Rai and

          Pankaj Kumar were recorded in which they have stated that the

          petitioner was also involved in the present crime in question and

          petitioner has also fired upon the deceased.        Thereafter the

          petitioner has also confessed his guilt in the present occurrence

          and apart from that the bail petition of co-accused person, namely,

          Dhananjay Kumar @ Dhananjay Ray has been rejected by a

          Coordinate Bench of this Court vide order dated 07.07.2025

          passed in Cr. Misc. No. 26413 of 2025, another bail petition of co-

          accused person, namely, Vijay Rai has been rejected by a

          Coordinate Bench of this Court vide order dated 07.07.2025

          passed in Cr. Misc. No. 27568 of 2025, another bail petition of co-

          accused person, namely, Mithun Kumar has been rejected by a

          Coordinate Bench of this Court vide order dated 06.02.2026

          passed in Cr. Misc. No. 39787 of 2025, another bail petition of co-

          accused person, namely, Anish Rai has been rejected by a
               Patna High Court CR. MISC. No.3516 of 2026(4) dt.09-04-2026
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                         Coordinate Bench of this Court vide order dated 19.03.2026

                         passed in Cr. Misc. No. 70397 of 2025, another bail petition of co-

                         accused person, namely, Manoj Rai has been rejected by a

                         Coordinate Bench of this Court               vide order dated 15.01.2026

                         passed in Cr. Misc. No. 85399 of 2025, respectively.

                                      5. Learned counsel for the Informant as well as learned

                         APP for the State, on the other hand, vehemently opposed the

                         prayer for bail of the petitioner and submits that the bail petitions

                         of similarly situated co-accused persons have been rejected by a

                         Coordinate Bench of this Court.

                                       6. Considering the aforesaid facts and circumstances of

                         the case and the fact that the bail petitions of similarly situated co-

                         accused persons have been rejected by a Coordinate Bench of this

                         Court,     I am not inclined to enlarge the petitioner on bail in

                         connection with Sessions Trial No. 898 of 2024 (Sessions Trial

                         No. 812 of 2025) arising out of Chapra Muffasil P.S. Case No. 336

                         of 2024 pending in the Court of learned Additional Sessions

                         Judge-2nd, Chapra, District- Saran

                                         7. Prayer is refused.



Ibrar//-                                                               (Rajesh Kumar Verma, J)

U          T


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