Patna High Court
Rahul Kumar @ Ved PrakashversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 126(2), 132, 238, 303(2), 317(2), 317(4), 3(5), 351(3), 49
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
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