Patna High Court

Rakesh kumarversusThe State of Bihar

Decided: 5 February 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The court granted bail to the petitioner, finding no sufficient material to justify continued detention.

Summary

Rakesh Kumar was arrested in connection with a murder case (PS Case No. 22 of 2025) under Section 103(1)/3(5) of the BNS and Section 27 of the Arms Act, although his name does not appear in the FIR. He has been in custody since 21‑08‑2025. The prosecution’s case against him rests solely on a confessional statement of co‑accused Jai Prakash Mahto, and no other incriminating material was found during the investigation, which has already been completed and a charge‑sheet filed. The petitioner, a man of clean antecedents, pleaded for bail, arguing that there is no risk of tampering with evidence. The court, noting the lack of substantive evidence and the completed investigation, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 480(3) of the BNSS.

Issues considered

Whether the petitioner is entitled to bail despite the confessional statement of a co‑accused linking him to the offence
Whether the completed investigation and absence of incriminating material justify granting bail

Legislation cited

Arms Act — s. 27
Bihar Negotiable Instruments (BNSS) — s. 480(3)

Subjects

bail
criminal procedure
confessional statement
charge sheet
sureties
Section 103 BNS
Section 27 Arms Act
Section 480(3) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83520 of 2025
                       Arising Out of PS. Case No.-22 Year-2025 Thana- KOILWAR District- Bhojpur
                 ======================================================
                 Rakesh kumar son of Ramesh Singh Resident of Mohalla -Ibrahim Nagar Ps-
                 Arrah Town District -Bhojpur
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sunil Kumar, Adv.
                 For the Opposite Party/s :       Mr. Navin Kr. Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER
2   05-02-2026                      Heard the parties.

                                2. The petitioner seeks bail in connection with Koilwar

                   P.S. Case No. 22 of 2025 registered for the offence under

                   Section 103(1)/3(5) of BNS and 27 of Arms Act.

                                3. The petitioner is not named in the F.I.R. and is in

                   custody since 21.08.2025.

                                4. As per FIR, the brother of the informant was

                   murdered by unknown miscreants by causing firearm injury.

                                5. Learned counsel appearing on behalf of the

                   petitioner submitted that the name of petitioner transpired

                   during course of investigation on the basis of confessional

                   statement of apprehended co-accused Jai Prakash Mahto, in

                   furtherance of which nothing incriminating transpired during

                   investigation as to connect petitioner with present crime in

                   question. While concluding argument, it is submitted that

                   petitioner is a man of clean antecedent and moreover,
            Patna High Court CR. MISC. No.83520 of 2025(2) dt.05-02-2026
                                                        2/2




                      investigation of this case is already completed, for which

                      charge-sheet has been submitted, as such, there is no chance of

                      tampering with the evidence.

                                   6. Learned APP opposed the prayer of bail.

                                   7. Considering the aforesaid factual submissions and

                      by taking note of fact as prima-facie save and except suspicion

                      arising out of confessional statement nothing incriminating

                      appears against petitioner during investigation as to connect him

                      with present crime in question, coupled with the fact that

                      investigation of this case is already completed, where petitioner

                      remains in custody since 21.08.2025, accordingly, petitioner

                      above named, is directed to be released on bail in connection

                      with Koilwar P.S. Case No. 22 of 2025 on furnishing bail bond of

                      Rs.10,000/- (Rupees Ten Thousand) with two sureties of the

                      like amount each to the satisfaction of learned CJM, Bhojpur at

                      Ara/concerned Court, subject to the conditions as mentioned

                      under Section 480(3) of BNSS.


                                                               (Chandra Shekhar Jha, J)
Sudha/-
U       T

Continue reading with your account

Checking your session…