Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner, subject to a cash bond and specific conditions of appearance and surety.
Summary
The petitioner, Rahul Kumar, was arrested in connection with the murder of Shubham Kumar, alleged to have arisen from a money dispute. The FIR under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act was based largely on suspicion and information from a local resident, with no eye‑witness testimony. The petitioner argued that he had no criminal antecedent, was not involved in any dispute with the deceased, and that a co‑accused, Lili Kumar, had already been granted bail in a similar case. The State opposed bail, but the court noted the FIR’s reliance on suspicion and the precedent of bail to the co‑accused. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding court attendance and the presence of his wife as a bailor.
Issues considered
- Whether bail should be granted to the petitioner under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act when the FIR rests on suspicion.
- Whether the grant of bail to a similarly situated co‑accused (Lili Kumar) is determinative for the petitioner’s bail application.
- Whether the conditions imposed by the court are reasonable and sufficient to ensure the petitioner’s cooperation with the trial.
Legislation cited
- Bihar Narcotic Substances Act — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- suspicion
- narcotic substances
- Bihar
- FIR
- co‑accused
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73415 of 2025
Arising Out of PS. Case No.-165 Year-2025 Thana- KHAJEKALA District- Patna
======================================================
Rahul Kumar S/o Manoj Bhagat @ Bhagat Ji Resident of Dadar Mandi, P.S.-
Alamganj, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harish Kumar, Advocate
For the Opposite Party/s : Mr .Ram Sevak Choudhary, A.P.P.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 103 (1) /3 (5) of B.N.S.
3. As per the prosecution case, on 24.04.2025, the
informant’s son left home for some work but did not return. Upon
search, the informant received information from a local resident that
the dead body of a person was lying in the drain at Ghasiyari Gali.
Upon receiving the said information, the informant immediately went
to the spot and saw that his son, Shubham Kumar, was lying dead
there. It is further alleged that there was an ongoing dispute regarding
a money transaction between the informant’s son and petitioner and
he along with others had killed his son.
4. Learned counsel for the petitioner submits that it would
be evident from the First Information Report itself that there is no
Patna High Court CR. MISC. No.73415 of 2025(3) dt.24-02-2026
2/3
eye witness to the case and the F.I.R rests only upon suspicion
against the petitioner and other co-accused namely Lili Kumar. The
Petitioner is not concerned in any way with the alleged offence. As a
matter of fact, there was no dispute between the petitioner and the
deceased with regard to money. It appears from the bail rejection
order that the deceased also used to consume smack and it was the
petitioner and co-accused Lili Kumar who had given the information
with regard to the dead body lying at the place of occurrence. It is
further submitted that similarly situated co-accused, Lili Kumar, has
been granted bail by a Co-ordinate Bench of this Court vide order
dated 17.02.2026 passed in Cr. Misc. No. 7394 of 2026 wherein the
material collected during the course of investigation has also been
considered and a reference has been made to paragraphs 12 and 23 of
the case diary containing the statement of father and brother of the
deceased who have not named the persons from whom they received
the information that the deceased was present at the place of
occurrence. It was also detected during the course of investigation
that the deceased was addicted to consuming smack. The petitioner
has no criminal antecedent and has been languishing in custody since
26.04.2025. Charge sheet has been submitted.
5. Learned APP for the State opposed the bail petition.
6. Taking into consideration the facts and circumstances of
the case and also considering the fact that the First Information
Report rests on suspicion and similarly situated co-accused person
Patna High Court CR. MISC. No.73415 of 2025(3) dt.24-02-2026
3/3
has been granted bail by a Co-ordinate Bench of this Court, the
above named petitioner is directed to be enlarged 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 the learned
Court below where the case is pending/successor Court in connection
with Khajekala P.S. Case No. 165 of 2025, subject to the conditions
that :
(i) One of the bailors shall be the wife of the petitioner.
(ii) The petitioner shall remain physically present in court
on each and every date fixed in the case and would co-operate in
getting the charges framed and in case of non-cooperation and non-
appearance on two consecutive dates without sufficient reasons, his
bail bonds shall be liable to be cancelled by the learned court
concerned.
(Soni Shrivastava, J)
vashudha/-
U T
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