Patna High Court
Rahul Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is allowed.
Summary
Rahul Kumar Singh was arrested in connection with the murder of his wife under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He applied for regular bail, claiming he was working outside Bihar at the time of the killing and asserting his innocence. The State opposed the bail. The Court examined the FIR and investigation records, noting that the petitioner was not present in the village when the crime occurred. Considering these facts, the Court allowed the regular bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to cooperate with the trial. The order is limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether the petitioner is entitled to regular bail under Sections 80 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 given the circumstances of the alleged murder
- Whether the facts disclosed in the FIR and investigation justify the grant of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 3(5), 80
Subjects
- regular bail
- criminal procedure
- murder
- Bharatiya Nyaya Sanhita
- Section 80
- Section 3(5)
- prima facie
- trial cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83135 of 2025
Arising Out of PS. Case No.-94 Year-2025 Thana- GARKHA District- Saran
======================================================
Rahul Kumar Singh Son of Bachcha Singh Resident of Village- Adhupur,
P.S.- Garkha, District- Saran at Chapra (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 06-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Garkha P.S. Case No. 94 of 2025 registered for the offence
under Section(s) 80 and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. The petitioner is the husband of the deceased. He is
alleged to have planned the murder of his wife along with his
family members.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 18.07.2025. It is further submitted
that from the perusal of the FIR it is apparent that the petitioner
was working outside the State of Bihar and he had ordered for
Patna High Court CR. MISC. No.83135 of 2025(3) dt.06-04-2026
2/3
the killing of the deceased.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. I have considered the submissions of the parties and
have gone through the records of the case. From the FIR and the
materials collected during investigation, it appears that the
petitioner was not present in his village but was working outside
the State of Bihar when the deceased was killed.
7. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
8. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Garkha P.S. Case
No. 94 of 2025, subject to conditions that:-
(i) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
9. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
Patna High Court CR. MISC. No.83135 of 2025(3) dt.06-04-2026
3/3
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…