Patna High Court
Irfan RahmaniversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
In the absence of substantive material linking the petitioners to the offence, bail was granted.
Summary
Irfan Rahmani and Rahul Bari were arrested in connection with a case of kidnapping, murder and theft of livestock, alleged under Sections 137(2), 307 and 3(5) of the Bihar Narcotic Substances Act, 2023. The prosecution’s case relied solely on the petitioners' self‑confessional statements, with no other material evidence or recovery linking them to the crime, and they were not named in the FIR. The petitioners argued they have clean antecedents and that the charges are based only on their statements. The court observed that the absence of substantive evidence and the fact that the petitioners were not originally named in the FIR warranted the grant of bail. Accordingly, bail was ordered on a bond of Rs.10,000 each with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted when the accused are not named in the FIR and the prosecution's case rests solely on self‑confessional statements.
- Whether the lack of corroborative material evidence justifies the release of the accused on bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 137(2), 307, 3(5)
Subjects
- bail
- criminal procedure
- self‑confessional statement
- lack of evidence
- kidnapping
- murder
- Bihar Narcotic Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82817 of 2025
Arising Out of PS. Case No.-71 Year-2025 Thana- ADHAOURA District- Kaimur (Bhabua)
======================================================
1. Irfan Rahmani S/O Jaharuddin Rahmani Resident of village- Kone, P.S.-
Kone, District- Sonbhadra, U.P.
2. Rahul Bari S/O Raj Kishor Bari Resident of village- Kone, P.S.- Kone,
District- Sonbhadra, U.P.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajani Kant Pandey, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 27-01-2026 Heard Mr.Rajani Kant Pandey, learned counsel
for the petitioners and Mr.Sanjay Kumar Tiwary, learned
Additional Public Prosecutor for the State.
2. The petitioners seek bail, who are in custody
since 14.08.2025 in connection with Adhaura P.S. Case No.
71 of 2025, F.I.R. dated 07.08.2025 registered for the
offence punishable under Sections 137(2)/307/3(5)of BNS,
2023.
3. According to prosecution case, allegation
against the petitioners is that they alongwith other co-
accused persons have kidnapped and murdered the cousin
brother of the informant (deceased) and taken away 200
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sheeps.
4. Learned counsel for the petitioners submits that
the petitioners have clean antecedent. Petitioners are not
named in the FIR. The name of the petitioners has been
transpired during investigation on the basis of the self-
confessional statement of the petitioners and except the self-
confessional statement of the petitioners, no other cogent
material has come during investigation against the
petitioners to suggest the involvement of the petitioners in
the present occurrence and petitioners have been made
accused in the present case merely on the ground that they
are driving the vehicle in question and recovery has been
made from possession of Abej Mohammad Khan. The
police, after investigation, submitted chargesheet against the
petitioners and the petitioners are in custody since
14.08.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts, petitioners are
not named in the FIR, nothing has been recovered from
possession of the petitioners, except the self-confessional
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statement of the petitioners, no other cogent material has
come during investigation against the petitioners to suggest
the involvement of the petitioners in the present occurrence
and even no one has seen the alleged occurrence, let the
petitioners, above named, be released on bail on furnishing
bail bond of Rs.10,000/- (Ten Thousand)each with two
sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Kaimur at Bhabhua in
connection with Adhaura P.S. Case No. 71 of 2025, with the
following conditions:-
(I) Petitioners shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on their absence on two consecutive dates
without sufficient reason, their bail bond shall be cancelled
by the Court below.
(II) If the petitioners tamper with the evidence or
the witnesses, in that case, the prosecution will be at liberty
to move for cancellation of bail.
(III) And, further condition that the court below
shall verify the criminal antecedent of the petitioners and in
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case at any stage, it is found that the petitioners have
concealed their criminal antecedents, the court below shall
take step for cancellation of bail bond of the petitioners.
However, the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed for purpose of
or in the name of verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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