Patna High Court

Rakesh Kumar @ Rakesh Kumar Singh @ John @ Karan SinghversusThe State of Bihar

Decided: 1 April 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Rakesh Kumar, applied for regular bail in a 2013 kidnapping‑for‑ransom case (sections 364A, 120B and 212 IPC). The FIR does not name him; his alleged involvement emerged only from the confessional statement of co‑accused Arvind Kumar, who had already been released on bail. The petitioner had been in custody since 22 July 2021, over four years, and the State opposed bail citing a diary entry where the petitioner purportedly admitted participation. The High Court, after considering the investigation material, the prior bail to the co‑accused, and the prolonged pre‑trial detention, ordered that the petitioner be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to the satisfaction of the Chief Judicial Magistrate, Saran.

Issues considered

Whether a person not named in the FIR but implicated through a co‑accused's confessional statement is eligible for regular bail.
Whether the petitioner’s prolonged pre‑trial custody of more than four years warrants the grant of bail.
Whether the petitioner’s alleged admission of involvement in the case diary precludes bail.

Legislation cited

Indian Penal Code — s. 120B, 212, 364A

Subjects

bail
kidnapping for ransom
criminal conspiracy
pre‑trial detention
confessional statement
Indian Penal Code
High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77050 of 2025
                      Arising Out of PS. Case No.-111 Year-2013 Thana- NAYAGAON District- Saran
                 ======================================================
                 Rakesh Kumar @ Rakesh Kumar Singh @ John @ Karan Singh S/O
                 Shatrughan Singh @ Shyamlal Singh R/O Village- Bhawani Chowk, P.S.-
                 Karpi, District- Jehanabad.


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


                                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Satya Prakash Sinha, Advocate
                 For the Opposite Party/s :      Mr. Rajiv Nayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

5   01-04-2026                  Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Nayagaon P.S. Case no.

                   111 of 2013 registered under sections 364A, 120B and 212 of

                   the Indian Penal Code.

                                3. As per the prosecution case, the informant states

                   that a raid was conducted in the house of one Ranjit Singh to

                   recover a kidnapped businessman namely Suhail Hingora. It is

                   stated that the businessman had been kept at the house of Ranjit

                   Singh for a month and had been released only after payment of a

                   large amount of ransom.
Patna High Court CR. MISC. No.77050 of 2025(5) dt.01-04-2026
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                       4. Learned counsel for the petitioner submits that the

          petitioner is not named in the FIR. His name transpired in the

          confessional statement of co-accused Arvind Kumar in course of

          investigation and the said Arvind Kumar has been enlarged on bail

          vide order dated 19.7.2024 passed in Cr. Misc. no. 45663 of 2024.

          The petitioner has been falsely implicated in the case because of his

          antecedents. He is in custody since 22.7.2021.

                       5. The application for bail is opposed by learned APP

          for the State who referring to the order of the learned trial Court

          and having perused the case diary submits that in paragraph

          no.230 of the supplementary case diary, the accused petitioner

          has accepted his involvement in the occurrence of abduction and

          ransom.

                       6. Having heard learned counsel for the parties and

          taking into consideration the allegations in the FIR, the material

          that has transpired in course of investigation, grant of bail to

          Arvind Kumar on whose confessional statement the name of the

          petitioner transpired and the petitioner having remained in

          custody for over four years since 22.7.2021, the Court directs the

          petitioner to be enlarged on bail in connection with Nayagaon P.S.

          Case no. 111 of 2013 on furnishing bail bond of Rs.10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the
           Patna High Court CR. MISC. No.77050 of 2025(5) dt.01-04-2026
                                                       3/3




                     satisfaction of the learned Chief Judicial Magistrate, Saran at

                     Chapra.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T

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