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Patna High Court

Rakesh Singh @ Rakesh Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to regular bail on furnishing a bond of Rs.10,000 with two sureties, subject to conditions of cooperation with the trial.

Summary

The petitioner, Rakesh Singh, was arrested in connection with a case registered under Sections 137(2) and 140(3) of the BNS concerning the disappearance of an informant's daughter. The petitioner contended that he was falsely implicated, not named in the FIR, and has a clean antecedent, having been in custody since 13‑05‑2025. The victim, a married woman, gave a statement under Sections 180 and 183 of the BNSS, allegedly under family pressure. The State opposed the bail application, arguing the seriousness of the offences. The Court, after considering the facts, ordered the release of the petitioner on regular bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to cooperation with the trial. The order was made by Justice Nawneet Kumar Pandey of the Patna High Court on 19‑01‑2026.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the nature of the offences under Sections 137(2) and 140(3) of the BNS.
  • Whether the circumstances of the case, including the petitioner’s clean antecedent and alleged false implication, justify the grant of bail.

Legislation cited

  • BNS — s. 137(2), 140(3)
  • BNSS — s. 180, 183

Subjects

  • bail
  • regular bail
  • criminal procedure
  • Sections 137
  • Section 140
  • Section 180
  • Section 183
  • Patna High Court
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.59947 of 2025
                 Arising Out of PS. Case No.-86 Year-2024 Thana- KARAMCHAT District- Kaimur (Bhabua)
                 ======================================================
                 Rakesh Singh @ Rakesh Kumar Singh S/o Brijeshwar Singh @ Brijesh
                 Kumar Jagdish Ray R/o vill - Samahuta, P.S. - Dhansoli, Distt.- Buxar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Tribhuwan Narayan
                 For the Opposite Party/s :      Mr.Ashok Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   19-01-2026                          Heard learned counsel for the petitioner as well

                   as learned APP for the State.

                                   2. In this case, the petitioner is seeking regular bail

                   in connection with Karamchat P.S. Case No. 86 of 2024,

                   registered for the offences punishable under Sections 137(2),

                   140(3) of the BNS.

                                   3. As per FIR, on 30.07.2024 at about 10:30 AM,

                   the daughter of the informant went from her house but didn’t

                   return.

                                  4. The learned counsel for the petitioner has

                   submitted that the petitioner is innocent and has falsely been

                   implicated. The petitioner is not named in the FIR. Admittedly,

                   the victim is a married lady. She, with her own sweet will, went
           Patna High Court CR. MISC. No.59947 of 2025(4) dt.19-01-2026
                                                       2/2




                     with the petitioner and in pressure of her family members, she

                     rendered her statement under Sections 180 and 183 of BNSS.

                     The petitioner is under custody since 13.05.2025 and he is a

                     person of clean antecedent.

                                   5. On the other hand, the learned APP for the State

                     has opposed the prayer for bail.

                                    6. Considering the above-mentioned facts and

                     circumstances, let the petitioner above-named be released on

                     bail on furnishing bail bonds of Rs.10,000/- with two sureties

                     of the like amount each to the satisfaction of learned Addl. Chief

                     Judicial Magistrate-III, Kaimur in connection with Karamchat

                     P.S. Case No. 86 of 2024, subject to the condition that the

                     petitioner shall cooperate in the disposal of trial and make

                     himself available as and when required by the court.


                                          (Nawneet Kumar Pandey, J)

kundan/-

U      T


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