Patna High Court
Baleshwar Rai @ Savan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Code of Criminal Procedure, 1973 — s. 164
- Indian Penal Code — s. 34, 364, 366
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
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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
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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//-
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