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Patna High Court

Baleshwar Rai @ Savan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to strict conditions, as the evidence against him was not cogent and he possessed a clean antecedent.

Summary

The petitioner, Baleshwar Rai, was arrested on 11 October 2025 in connection with a 2007 case alleging kidnapping, rape and murder of a woman’s child under IPC sections 366, 364 and 34. The prosecution’s case rests mainly on a confessional statement of a co‑accused, Mahipal Singh, and there is no direct evidence linking the petitioner; the victim’s statement under CrPC 164 does not mention him. The petitioner argued that he has a clean antecedent, was not named in the FIR, and was falsely implicated. The State opposed bail, but the court noted the lack of substantive material against him and his clean record. Consequently, the court granted bail on a Rs 10,000 bond with two sureties, imposing conditions of cooperation, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the accused in a case involving offences under IPC sections 366, 364 and 34 when the only evidence against him is a co‑accused’s confessional statement.

Legislation cited

Subjects

  • bail
  • IPC 366
  • IPC 364
  • IPC 34
  • confessional statement
  • clean antecedent
  • CrPC 164
  • evidence
  • kidnapping
  • rape
  • murder

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4494 of 2026
                        Arising Out of PS. Case No.-442 Year-2007 Thana- NAGAR District- Vaishali
                 ======================================================
                 Baleshwar Rai @ Savan Kumar S/O Ramashrey Rai R/O Village- Kewatiya,
                 P.S- Dariyapur, Distt.- Saran, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Deepak Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   09-04-2026                       Heard Mr. Deepak Kumar Singh, learned counsel

                   for the petitioner and Mr. Sanjay Kumar Tiwary, learned APP

                   for the State.

                                2. Petitioner seeks bail, who is in custody since

                   11.10.2025, in connection with Hajipur Town P.S. Case No. 442

                   of 2007, F.I.R. dated 13.08.2007 registered for the offences

                   punishable under Sections 366, 364/34 of the Indian Penal

                   Code.

                                3.     The prosecution case, in brief, is that the

                   informant’s daughter-in-law had gone to her parent’s house

                   along with her three children but did not return. It is alleged

                   that Udai Rai and Brij Rai forcibly took her away along with

                   children to Delhi for illegal and immoral purpose. It is also

                   alleged that the accused committed murder of the girl child
Patna High Court CR. MISC. No.4494 of 2026(3) dt.09-04-2026
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          namely, Priti, amongst the children.

                        4. Learned counsel for the petitioner submits that the

          petitioner has clean antecedent and he has been falsely

          implicated in the present case. Initially, the petitioner was not

          named in the F.I.R. and the name of the petitioner has been

          transpire during investigation on the basis of confessional

          statement of co-accused person, namely, Mahipal Singh and

          except the confessional statement of co-accused person, no

          other cogent material has come during investigation to suggest

          the involvement of the petitioner in the present occurrence. The

          victim was recovered and her statement was recorded under

          Section 164 of the Cr. P.C./183 of the B.N.S.S. in which she has

          not stated anything about the petitioner. He further submits that

          the police after investigation submitted chargesheet against the

          petitioner and the petitioner is in custody since 11.10.2025.

                        5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for             bail of the

          petitioner.

                        6. Considering the facts and circumstances of the case

          and the fact that the petitioner having clean antecedent and the

          petitioner is not named in the F.I.R. and the name of the

          petitioner has been transpired on the basis of confessional
Patna High Court CR. MISC. No.4494 of 2026(3) dt.09-04-2026
                                            3/4




          statement of co-accused Mahipal Singh as well as the victim has

          not stated anything about the petitioner in her statement

          recorded under Section 164 of the Cr. P.C./183 of the B.N.S.S.,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two

          sureties of the like amount each to the satisfaction of learned

          Chief Judicial Magistrate, Vaishali at Hajipur in connection with

          Hajipur Town P.S. Case No. 442 of 2007, subject to the

          following conditions :-

                       (1) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       (2) If the petitioner tampers with the evidence or the

          witness, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       (3) And, further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage, it is found that the petitioner has concealed his

          criminal antecedents, the court below shall take step for

          cancellation of bail bond of the petitioner.           However, the
           Patna High Court CR. MISC. No.4494 of 2026(3) dt.09-04-2026
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                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.



                                                                   (Rajesh Kumar Verma, J)
Ibrar//-

U


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