Created by Fuzzy Cloud

Patna High Court

Rahul Kumar @ Ved PrakashversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The bail petition was dismissed, denying the petitioner’s release on bail.

Summary

The petitioner, Rahul Kumar, applied for bail in a criminal miscellaneous case concerning alleged illegal sand mining. The FIR alleges his participation in the theft of sand using tractors and charges him under multiple sections of the Bharatiya Nyaya Sanhita, 2023, including offences of kidnapping, murder, and conspiracy. The petitioner’s counsel argued that he was falsely implicated and that the prosecution’s witnesses were members of the raiding party, with no independent evidence. The State opposed bail, highlighting specific allegations against the petitioner and his prior criminal record for similar offences. Considering the seriousness of the charges, the petitioner’s antecedents, and the gravity of the alleged crime, the court rejected the bail application and directed the trial court to complete the trial within one year.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences under the Bharatiya Nyaya Sanhita, 2023
  • Whether the petitioner’s prior criminal antecedents justify denial of bail
  • Whether the lack of independent witnesses affects the bail decision

Legislation cited

Subjects

  • bail
  • illegal sand mining
  • criminal antecedents
  • Bharatiya Nyaya Sanhita
  • high court
  • expedited trial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40981 of 2025
                     Arising Out of PS. Case No.-90 Year-2024 Thana- SIKARHATTA District- Bhojpur
                 ======================================================
                 Rahul Kumar @ Ved Prakash S/o- Lok Prakash Singh Resident of Sikraul P.S-
                 Sikarhatta, Dist- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravindra Kumar , Advocate
                 For the Opposite Party/s :       Mr. Pramod Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   12-02-2026                      Heard learned counsel for the petitioner and the

                   State .

                                2. Petitioner seeks bail in a case registered for the

                   offence punishable under sections 126(2) /132/ 303(2)/ 317(2)/

                   317(4)/ 109/ 238/ 351(3)/ 49/ 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3 . As per F.I.R. petitioner along with other accused

                   persons managed to flee away with illegal sand loaded tractors.

                                4. Learned counsel appearing for the petitioner

                   submits that the petitioner is innocent and has falsely been

                   implicated in this case. There is no independent witness to the

                   search and seizure and the witnesses are members of the raiding

                   party .

                                5. Learned counsel for the State opposed the prayer
            Patna High Court CR. MISC. No.40981 of 2025(4) dt.12-02-2026
                                                        2/2




                      for bail and submitted that there is specific allegation against

                      this petitioner that he along with other co-accused persons was

                      involved in illegal sand mining and                  petitioner has got 17

                      criminal antecedents of similar nature .

                                   6. Considering the nature of accusation , criminal

                      antecedents of this petitioner and gravity of offence , prayer for

                      bail of the petitioner is rejected. However, since petitioner is in

                      custody since        26.03.2025 , learned Trial Court is directed to

                      expedite and conclude the trial, within the period of one year

                      from the date of receipt/production of copy of this order.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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