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Patna High Court

Rahul SinghversusThe State of Bihar

Decided
Disposal
REJECTED

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

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/-
U       T


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