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Patna High Court

Rahul Kumar Singh @ Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Rahul Kumar Singh, was arrested on 23 September 2025 in connection with a murder case (PS Case No. 583 of 2024) alleging offences under Sections 103(1) and 61(2) of the BNS. The prosecution’s case is based on a written complaint by Sandhya Devi alleging that the petitioner and co‑accused murdered her husband and were involved in illicit liquor and land transactions. The petitioner contended that the FIR is forged, that he was not the last person seen with the deceased, and that the FIR was filed after a post‑mortem, indicating a false implication. The State opposed bail, citing the investigation’s findings and a prior case against the petitioner, though he was on bail in that matter. The court, noting the petitioner’s clean antecedent and the lack of direct evidence, granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedent.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 103(1) and 61(2) of the BNS.
  • Whether the FIR is fabricated and thus the petitioner is entitled to bail.
  • Whether the delay in filing the FIR and the post‑mortem findings affect the bail decision.
  • Whether the petitioner’s criminal antecedent warrants denial of bail.

Legislation cited

  • BNS — s. 103(1), 61(2)

Subjects

  • bail
  • FIR
  • fabricated complaint
  • murder
  • Sections 103(1) BNS
  • Section 61(2) BNS
  • criminal antecedent
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83217 of 2025
                   Arising Out of PS. Case No.-583 Year-2024 Thana- UDWANTNAGAR District- Bhojpur
                 ======================================================
                 Rahul Kumar Singh @ Rahul Kumar Son of Vijai Kumar Singh @ Vijay
                 Singh @ Vijay Kumar Singh Resident of Village - Udwantnagar, P.S.-
                 Udwantnagar, District - Bhojpur.
                                                                       ... ... Petitioner
                                                  Versus
                 The State of Bihar
                                                                ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bhaskar Shankar, Advocate
                 For the Opposite Party/s :      Mr. Pramod Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   25-03-2026                         Heard Mr. Bhaskar Shankar, learned counsel for

                   the petitioner, Mr. Ranjeet Kumar, learned counsel for the

                   informant and Mr. Pramod Kumar Pandey, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   23.09.2025 in connection with Udwantnagar P.S. Case No. 583

                   of 2024 for the offences punishable under Sections 103(1),

                   61(2) of BNS.

                               3. The prosecution story, in brief, is that one Sandhya

                   Devi of the village-Udwantnagar submitted a written application

                   on 29.12.2024 at 8.00 P.M. alleging therein that her husband

                   was killed by the petitioner and co-accused persons, it is further

                   alleged that the petitioner and co-accused persons are engaged

                   in business of intoxicant and also in purchase and sell of land,

                   the accused persons had got registered 36-35 Katha land from

                   her husband after giving him intoxicated articles and did not pay

                   actual price, it was further alleged that on 27.12.2024 at 7 PM
Patna High Court CR. MISC. No.83217 of 2025(4) dt.25-03-2026
                                            2/4




          the accused persons called her husband and took him away and

          after committing murder of the husband threw away his body at

          her Darwaja, co-accused Sadhu Kumar Singh and petitioner had

          threatened that they had killed her husband and if she gave

          information to police they would kill her children and others.

                      4. Learned counsel for the petitioner submits that the

          allegation as alleged in the FIR is forged and fabricated and the

          petitioner has not committed any offence as alleged in the FIR.

          Learned counsel for the petitioner submits that the petitioner has

          been made an accused in this case on the ground of suspicion

          and even it appears from the FIR that no one has seen the

          occurrence in question and the petitioner has been an accused on

          the ground that petitioner was last seen with the deceased.

          Learned counsel for the petitioner referred in paragraph nos. 21

          and 22 of the case diary which suggests that the petitioner was

          not lastly seen with the deceased. Apart from that learned

          counsel for the petitioner further submits that date of occurrence

          as alleged in the FIR is 27.12.2024 and the FIR came to be

          instituted on 29.12.2024 i.e., after a delay of two days. It is next

          submitted that before lodging of the FIR, the postmortem was

          conducted on 28.12.2024 at 04:50 PM which suggests that after

          knowing the cause of death the present FIR has been instituted
Patna High Court CR. MISC. No.83217 of 2025(4) dt.25-03-2026
                                            3/4




          for falsely implicating the petitioner and the accused persons. It

          is next submitted that the police after investigation has

          submitted charge-sheet and is custody since 23.09.2025.

                      5. The learned Additional Public Prosecutor for the

          State and learned counsel for the informant, on the other hand,

          have vehemently opposed the prayer for bail of the petitioner

          and submit that it has come during the course of investigation

          that the petitioner was involved in the occurrence in question.

          Apart from that the petitioner has antecedent of one case other

          than the present case but fairly submit that petitioner is on bail

          in the matter.

                       6. Considering the aforesaid facts and circumstances

          and that petitioner has clean antecedent, let the petitioner, above

          named, be released on bail on furnishing bail bond of Rs.

          10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned CJM, Bhojpur at Ara in

          connection with Udwantnagar P.S. Case No. 583 of 2024,

          subject to the following conditions:-

                       i. Petitioner 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 his absence on two consecutive dates without sufficient
           Patna High Court CR. MISC. No.83217 of 2025(4) dt.25-03-2026
                                                       4/4




                     reason, his bail bond shall be canceled by the Court below.

                                  ii. If the petitioner tampers 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 petitioner and in case at

                     any stage it is found that the petitioner has concealed his

                     criminal antecedent, the court below shall take step for

                     cancellation of bail bond of the petitioner. 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)
Gaurav Sinha/-

U      T


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