Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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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