Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to conditions under Section 480(3) of the Bharatiya Nyaya Sanhita.
Summary
The petitioner, Rakesh Kumar, was arrested in connection with a murder case (Khudwa P.S. Case No. 2 of 2025) alleging involvement of 25 assailants. He applied for bail, claiming he was falsely implicated, not named in the FIR, and that there is no substantive material linking him to the crime. The prosecution argued that the petitioner acted as a lookout and informed the attackers of the victim's location. The court noted the doubtful nature of the allegations, the petitioner’s clean antecedent, the length of his custody, and the filing of a charge‑sheet, and consequently granted bail subject to conditions under Section 480(3) of the Bharatiya Nyaya Sanhita. The bail order required a bond of Rs.10,000 with two sureties, one of whom must be a close relative, and compliance with attendance conditions.
Issues considered
- Whether bail can be granted to the petitioner despite the seriousness of the offences under the Bharatiya Nyaya Sanhita.
- Whether the evidence on record sufficiently justifies continued detention of the petitioner.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109(1), 115(2), 117(2), 118(1), 125(a), 125(b), 127(1), 190, 191(2), 191(3), 480(3)
Subjects
- bail
- criminal procedure
- murder
- false implication
- clean antecedent
- Bharatiya Nyaya Sanhita
- Section 480
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73839 of 2025
Arising Out of PS. Case No.-2 Year-2025 Thana- KHUDWA District- Aurangabad
======================================================
Rakesh Kumar S/o- Vijay Singh Village- Ahiradi PS-Khudwa District-
Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Singh, Advocate
For the Opposite Party/s : Mrs. Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Khudwa P.S. Case No. 2 of 2025 registered for
the alleged offences under Sections 103(1), 191(2), 191(3), 190,
127(1), 115(2), 118(1), 117(2), 125(a), 125(b), 109(1) of
Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, the FIR named 25 co-
accused persons, who were armed with garasa, iron rod, farsa,
lathi and danda, surrounded the brother of the informant and
brutally assaulted him. The brother of the informant succumbed
to his injuries during treatment. The name of the petitioner
transpired during investigation for also being involved in the
said occurrence.
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04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner is not named in the FIR and there is no
substantive material to show the involvement of the petitioner in
the case. The FIR has been lodged after delay of one day from
the occurrence and 07 hours from the death of the deceased.
Though the informant claims himself to be an eye witness but
his presence at the spot is very much doubtful in the alleged
circumstances. The postmortem report does not support assault
by 25 persons. The name of the petitioner transpired in the
confessional statement of co-accused Pappu Yadav but the said
co-accused has been granted bail by a Co-ordinate Bench vide
order dated 20.05.2025 passed in Criminal Misc. No. 32565 of
2025. Learned counsel further submits that the petitioner bears
no criminal history and is in custody since 25.07.2025. Charge-
sheet has been submitted.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner. Learned APP submits that
during investigation, the name of the petitioner came up as the
person who kept watch over the deceased and informed the
assailants about his location.
06. Having regard to the facts and circumstances and
Patna High Court CR. MISC. No.73839 of 2025(3) dt.21-01-2026
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submissions made on behalf of the parties and considering the
doubtful nature of allegation against the petitioner and also
considering the period of custody of the petitioner and his clean
antecedent along with submission of charge-sheet, the petitioner
above named is directed to be released on bail on furnishing bail
bonds of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Sub Divisional
Judicial Magistrate, Daudnagar, District-Aurangabad/court
concerned in connection with Khudwa P.S. Case No. 2 of 2025,
subject to the conditions mentioned in Section 480(3) of BNSS
and the following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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