Patna High Court
Rahul Kumar Singh @ Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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
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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
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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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