Patna High Court
Rahul SinghversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court refused bail, holding that the seriousness of the offences and the evidence against the petitioner warranted continued detention.
Summary
The petitioner, Rahul Singh, was arrested on 30 April 2025 in connection with a kidnapping and extortion case (P.S. Case No. 43 of 2025) and charged under Section 140(2) of the Bihar Narcotic Substances Act, 2023 and Sections 25(1‑b)a, 26 and 35 of the Arms Act. The prosecution’s case is based primarily on the confessional statement of a co‑accused, Chandan Kumar Gupta, and the victim’s identification of the petitioner during a TIP. The petitioner’s counsel argued that he has a clean antecedent, was not named in the FIR, and that the allegations are fabricated. The State opposed bail, emphasizing the seriousness of the offences and the identification evidence. The Court, after considering the nature of the allegations and the material on record, declined to grant bail, holding that the seriousness warranted continued custody. Consequently, the petition for bail was refused.
Issues considered
- Whether bail should be granted to the accused in a kidnapping, extortion and arms possession case where the primary evidence is a co‑accused’s confessional statement and victim identification.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bihar Narcotic Substances Act — s. 140(2)
Subjects
- bail
- kidnapping
- extortion
- Arms Act
- Bihar Narcotic Substances Act
- confessional statement
- victim identification
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77203 of 2025
Arising Out of PS. Case No.-43 Year-2025 Thana- Karvandiya District- Rohtas
======================================================
Rahul Singh S/O Lalbabu Singh R/O Village - Mathurapur, P.S.-
Dalmianagar, District - Rohtas (Sasaram)
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Durgesh Nandan, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 21-01-2026 Heard Mr. Durgesh Nandan, learned counsel for the
petitioner and Mr. Satyendra Prasad, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
30.04.2025 in connection with Karwandiya P.S. Case No. 43 of
2025, F.I.R. dated 28.04.2025 for the offences punishable under
Sections 140(2) of BNS, 2023 and Sections 25(1-b)a, 26 and 35
of the Arms Act.
3. According to prosecution case, allegation against
the petitioner and other co-accused persons are have to kidnap
the informant’s brother and demanded Rs. 50 Lakhs as
extortion.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and the allegation as alleged in
the F.I.R. is false and fabricated and the petitioner has not
committed any offence as alleged in the F.I.R. In fact the
Patna High Court CR. MISC. No.77203 of 2025(3) dt.21-01-2026
2/2
petitioner is not named in the F.I.R. but the name of the
petitioner has been transpired on the basis of confessional
statement of apprehended co-accused person, namely, Chandan
Kumar Gupta and except the aforesaid, no other material has
come during investigation against the petitioner to suggest the
involvement of petitioner in the present occurrence. The police
after investigation, submitted chargesheet against the petitioner
and the petitioner is in custody since 04.10.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner and submits that on the basis
of confessional statement of co-accused, Chandan Kumar
Gupta, victim was recovered and apart from aforesaid, petitioner
was also identified by the victim during TIP.
6. Considering the aforesaid facts and circumstances
of the case and also considering serious nature of allegation
against the petitioner, I am not inclined to enlarge the petitioner
on bail in connection with Karwandiya P.S. Case No. 43 of
2025, pending in the court of learned C.J.M., Rohtas at Sasaram.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Ranjeet/-
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