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Patna High Court

Rahul Singh RajputversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the bail application, granting regular bail with conditions.

Summary

The petitioner, Rahul Singh Rajput, sought regular bail in a case registered under Sections 103(1), 61(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act, alleging that he was falsely implicated through a co‑accused's confession. The incident involved the murder of the informant's father, with the informant identifying two assailants, while the petitioner’s name does not appear in the FIR. The prosecution argued that the co‑accused’s confession directly implicated the petitioner and highlighted his extensive criminal history. The defence contended that the petitioner’s involvement is unsubstantiated, pointing to the lack of FIR mention and the fact that other co‑accused had already been granted bail. After considering the submissions, the court granted bail on the condition of a Rs.10,000 bond, two sureties, and several compliance requirements, allowing the petitioner to be released.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being implicated solely through a co‑accused's confession.
  • Whether the petitioner’s extensive pending criminal cases and alleged criminal background preclude the grant of bail.
  • Whether the absence of the petitioner’s name in the FIR affects the bail decision.

Legislation cited

Subjects

  • regular bail
  • bail conditions
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • confession of co‑accused
  • pending criminal cases
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70884 of 2025
                       Arising Out of PS. Case No.-222 Year-2024 Thana- MALI District- Aurangabad
                 ======================================================
                 Rahul Singh Rajput S/o- Mr. Shiv Bahadur Singh R/v- Chour PS- Rampur
                 Dist- Jaunpur (U.P.)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Thakur, Advocate
                                                  Mrs. Vaishnavi Singh, Advocate
                 For the State            :       Mr. Md. Matloob Rab, APP
                 For the Informant        :       Mr. Pramendra Kumar Singh, Advocate

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

4   21-01-2026                     Heard learned counsel appearing for the petitioner,

                   learned counsel appearing for the informant and the learned

                   Additional Public Prosecutor for the State.

                                 2. The petitioner seeks regular bail in Mali P.S. Case

                   No. 222 of 2024 dated 01-12-2024 registered under Sections

                   103(1), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023

                   and Section 27 of the Arms Act.

                                 3. The prosecution case, in short, is that while the

                   informant was traveling with his father on 30-11-2024 in a four-

                   wheeler near Sonaura bridge, two motorcycles on which the

                   accused persons were riding intercepted them. The pillion rider

                   of one motorcycle shot his father killing him on the spot. The
Patna High Court CR. MISC. No.70884 of 2025(4) dt.21-01-2026
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          informant identified Rakesh Giri and Mantu Yadav as the

          assailants and Kamlesh Mehta and Sanjay Giri were on the other

          motorcycle; both drivers, wearing helmets,           could not be

          identified. It is further alleged that the co-accused, Rakesh Giri,

          threatened the informant, who ran towards a paddy field as the

          accused fired thrice at him.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and he has been falsely implicated in the

          present case. It is further submitted that the petitioner’s name

          does not appear in the First Information Report; rather, he has

          been implicated only on the basis of the confessional statement

          of co-accused, Rakesh Giri due to the petitioner’s past criminal

          history. It is further submitted that the specific allegation of

          firing on the deceased is directed only against the co-accused

          Rakesh Giri and Mantu Yadav. The informant claims to be the

          eyewitness of the occurrence and there is no whisper in the FIR

          about three persons allegedly causing gun shot injury to the

          deceased. Learned counsel further submits that one of the

          principal assailant, Mantu Yadav @ Pintu Kumar, has already

          been granted bail by a Co-ordinate Bench of this Court vide

          order dated 27.11.2025 in Cr. Misc. No. 65143 of 2025. Other

          co-accused, namely Sanjay Giri, Satyajit Giri, Santosh Kumar
Patna High Court CR. MISC. No.70884 of 2025(4) dt.21-01-2026
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          Yadav and Kamendra Kumar Singh, have also been granted bail

          by the Co-ordinate Bench of this Court on 16.07.2025,

          30.07.2025, 12.08.2025 and 16.07.2025 in Cr. Misc. Nos. 15961

          of 2025, 21742 of 2025, 32652 of 2025 and 19270 of 2025

          respectively, which have been annexed as Annexure-2 series to

          the bail petition. Lastly, it is submitted that the petitioner has

          been in custody since 08.05.2025 and has 31 criminal cases

          pending against him, in all of which he is on bail.

                         5. Learned counsel for the informant and the

          Additional Public Prosecutor vehemently opposed the prayer

          and submitted that the co-accused Rakesh Giri who is the main

          assailant has stated in his confession that he along with the

          petitioner killed       the deceased with a firearm.   It is further

          submitted that the petitioner is a contract killer and 31 criminal

          cases are pending against him.

                       6. Having considered the facts and circumstances of

          the case and submissions of learned counsel for the parties, let

          the petitioner be released on bail upon furnishing bail bonds of

          Rs.10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of the learned Additional Sessions

          Judge-IX, Aurangabad, in connection with Mali P.S. Case No.

          222 of 2024, subject to the following conditions :-(i) that the
           Patna High Court CR. MISC. No.70884 of 2025(4) dt.21-01-2026
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                     petitioner shall co-operate in the trial and shall be properly

                     represented on each and every date fixed by the Court and on

                     his absence on two consecutive dates without sufficient reason,

                     his bail bond shall be cancelled by the court below, (ii) that one

                     of the bailors will be his own blood relation, preferably father,

                     mother, brother, sister and or his wife, (iii) that the bailor shall

                     also state on affidavit that he will inform the court concerned if

                     the petitioner is made accused in any other case of similar

                     nature after his release in the present case and thereafter the

                     court below will be at liberty to initiate the proceeding for

                     cancellation of bail on ground of misuse (iv) that if the

                     petitioner tampers with the evidence or the witnesses, in that

                     case, the prosecution will be at liberty to move for cancellation

                     of bail and (v) that the petitioner will appear before the SHO of

                     concerned PS in the first week of each month till conclusion of

                     the trial.

                                  7. The application stands allowed.



                                                  (Khatim Reza, J)
shyambihari/-

U


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