Created by Fuzzy Cloud

Patna High Court

Rahish KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied regular bail to the petitioner.

Summary

Rahish Kumar was charged with murder, attempt to murder, assault and offences under the Arms Act for allegedly participating in the killing of a Sub‑Inspector during a police attempt to stop cattle theft. He has been in custody since 27 September 2023 and earlier bail was denied on 8 May 2024. The petitioner argued that some co‑accused have been granted bail and that the trial is progressing with only five of twelve witnesses examined. The court, relying on the seriousness of the charges and the Supreme Court precedent in X vs. State of Rajasthan (2024 SCC OnLine SC 3539), refused to revisit its earlier order and dismissed the second bail application. The court also directed the Superintendent of Police to ensure the attendance of the remaining witnesses in the trial.

Issues considered

  • Whether regular bail should be granted to the petitioner given the gravity of the offences under the IPC and Arms Act
  • Whether the stage of trial and the presence of co‑accused on bail affect the bail decision
  • Applicability of the Supreme Court’s guidelines in X vs. State of Rajasthan to the present bail application

Legislation cited

Subjects

  • bail
  • murder
  • attempt to murder
  • assault
  • Arms Act
  • criminal procedure
  • serious offences
  • trial witnesses

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.46076 of 2025
                    Arising Out of PS. Case No.-306 Year-2023 Thana- UJIYARPUR District- Samastipur
                 ======================================================
                 Rahish Kumar S/o- Mahesh Prasad Village- Garai Bigha, P.S- Hilsa, District-
                 Nalanda
                                                                            ... ... Petitioner
                                                 Versus
                 The State of Bihar
                                                                     ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :         Mr. Natraj Verma, Advocate
                 For the Opposite Party :         Mr. Md. Mushtaque Alam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   10-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2.       This is the second attempt on behalf of the

                   petitioner for grant of regular bail in connection with Ujiyarpur

                   P.S. Case No. 306 of 2023 registered for the offence punishable

                   under Sections 302, 307, 353, 323/34 of the Indian Penal Code

                   and Sections 25(1-B)a, 26, 27, 35 of the Arms Act.

                                   3.       Earlier, the bail of the petitioner was rejected

                   by this Court vide order dated 08.05.2024 passed in Criminal

                   Miscellaneous No.14242 of 2024. The aforesaid order dated

                   08.05.2024 reads as under:-

                                            “Heard the learned counsel for the
                                   petitioner and learned APP for the State.
                                            2. The petitioner seeks regular bail in a
                                   case registered for the offence under Sections
                                   302, 307, 353, 323/34 of the Indian Penal
Patna High Court CR. MISC. No.46076 of 2025(4) dt.10-02-2026
                                            2/3




                          Code and U/S 25(1-B)a, 26, 27, 35 of the Arms
                          Act.
                                  3. As per the prosecution case, police
                          tried to apprehend the criminals who were
                          involved in the cattle theft and in that process,
                          the S.H.O.(deceased) caught hold of one of the
                          accused. Other accused persons tried to free
                          the co-accused who was caught by the S.H.O.
                          and when the S.H.O. did not free the co-
                          accused, one of the co-accused shot the S.H.O.
                          in his eyes and the S.H.O. died.
                                  4. The name of the petitioner has
                          surfaced during investigation that he was a
                          part of a gang of criminals involved in the
                          killing of the S.H.O. He is in jail since
                          27.09.2023.
                                  6. Considering the serious allegations
                          levelled against the petitioner, I am not
                          inclined to grant bail to the petitioner.
                                  7. Accordingly, this application for
                          regular bail is dismissed.”


                          4.      Learned counsel for the petitioner submits

          that the petitioner is in custody since 27.09.2023 and some co-

          accused have been granted bail.

                          5.      From the report of the trial Judge, it appears

          that out twelve witnesses, five witnesses have been examined in

          the trial.

                          6.      Considering the gravity of the offence and

          the fact that the trial is proceeding as also the laid down by the

          Hon’ble Supreme Court in the case of X vs. State of Rajasthan
              Patna High Court CR. MISC. No.46076 of 2025(4) dt.10-02-2026
                                                          3/3




                        & Anr. reported as 2024 SCC OnLine SC 3539, I am not

                        inclined to review my earlier order dated 08.05.2024.

                        Accordingly, this bail application is dismissed.

                                          7.    The Superintendent of Police, Samastipur is

                        directed to ensure the presence of remaining witnesses in the

                        trial.

                                     8.         Let a copy of this order be communicated to

                        the Superintendent of Police, Samastipur forthwith through FAX

                        or e-mail for its compliance.


                                                                   (Sandeep Kumar, J)

pawan/-

U         T


Continue reading with your account

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

Sign in to read

Checking your session…

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