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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied bail to the petitioner, holding that the gravity of the offence and the commencement of trial preclude the grant of bail.

Summary

The petitioner, Rahul Kumar, was arrested in connection with a murder and robbery case (Kanti PS Case No. 407 of 2024) and charged under Sections 309(6) and 3(5) of the BNS and Section 27 of the Arms Act. A co‑accused, Chandan Kumar, gave a confessional statement implicating Rahul Kumar and another person, and the murder weapon and looted motorcycle were recovered. Rahul Kumar applied for regular bail, but his earlier bail application was rejected on 7 March 2025. On a second bail application, the court noted the heinous nature of the offence, that the trial had already commenced, and that a co‑accused had been granted bail by another bench, but declined to alter its earlier order. Consequently, the bail application was dismissed and the trial court was directed to expedite the trial.

Issues considered

  • Whether bail should be granted to the accused in a murder and arms‑related offence given the seriousness of the crime and the stage of trial
  • Whether the confessional statement of a co‑accused warrants denial of bail

Legislation cited

Subjects

  • bail
  • murder
  • arms act
  • criminal procedure
  • confessional statement
  • co‑accused
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7398 of 2026
                      Arising Out of PS. Case No.-407 Year-2024 Thana- KANTI District- Muzaffarpur
                 ======================================================
                 Rahul Kumar Son of Surya Mahto R/o Village - Panapur Bangla tola, P.S. -
                 Minapur, District - Muzaffarpur.
                                                                         ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Bela Singh, Adv
                 For the Opposite Party/s :        Mr.Parmanand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-02-2026                    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 bail in connection with Kanti P.S.Case

                   No. 407 of 2024 registered for the offence punishable under

                   Section 309 (6)3(5) of the Indian Penal Code.

                                3. Earlier the bail application of the petitioner has

                   been rejected vide order dated 07.03.2025 passed in Cr. Misc.

                   No.11081 of 2025 which reads as under:-

                                                             “Heard the learned counsel
                                              for the petitioner and learned APP for the
                                              State; Sri Jharkhandi Upadhyay.
                                                         2. The petitioner seeks regular
                                              bail in connection with Kanti P.S. Case
                                              No. 407 of 2024 registered for the offence
                                              under Sections 309(6), 3(5) of the BNS and
                                              Section 27 of the Arms Act.
                                                         3. The deceased was killed by
                                              unknown criminals while committing loot.
                                              During investigation on the confessional
                                              statement of co-accused Chandan Kumar
          Patna High Court CR. MISC. No.7398 of 2026(2) dt.16-02-2026
                                                      2/2




                                               and Rahul Kumar, the looted motorcycle
                                               has been recovered from the cowshed of
                                               Raja Kumar.
                                                         4. The murder weapon and
                                               cartridges used in the crime have been
                                               recovered at the instance of co-accused
                                               Chandan Kumar. He has also given a self-
                                               inculpatory statement saying Rahul
                                               Kumar, the petitioner and Raja Kumar
                                               were involved in the loot and murder.
                                               Petitioner is in jail since 13.08.2024.
                                                         5. Considering the aforesaid
                                               facts and circumstances, I am not inclined
                                               to grant bail to the petitioner.
                                                         6. Accordingly, this application
                                               for regular bail is dismissed”

                                      4. Learned counsel for the petitioner submits that

                    the charge has been framed.

                                       5. Considering the gravity of heinous nature of

                    offence and the fact that the trial has started, I am not inclined

                    to review my earlier order even though another co-accused has

                    been granted bail by a co-ordinate Bench of this Court.

                                    6. Accordingly, the application stands dismissed.

                                    7. The Trial court is directed to expedite the trial at

                    the earliest.



                                               (Sandeep Kumar, J)
N.K/-
U     T


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