Patna High Court

Rahul Kumar SinghversusThe State of Bihar

Decided: 12 January 2026
Disposal: BAIL GRANTED
Bench: SHAILENDRA SINGH

Holding

The Court held that, in the absence of identification and with the prosecution’s reliance on a co‑accused’s confession, the petitioner is entitled to regular bail.

Summary

Rahul Kumar Singh was arrested on 30 April 2025 in connection with offences under Section 140(2) read with 61(2) of the Bihar Narcotic Substances Act and Sections 25(1‑B)a, 26 and 35 of the Arms Act. The petitioner argued that he was never identified in the test identification parade and that the case against him relied solely on the confessional statement of a co‑accused, which he claimed had no evidentiary value. The State’s counsel conceded that the petitioner was not identified. Considering the lack of identification, the reliance on a co‑accused’s confession, the petitioner’s prolonged custody and the completion of the investigation, the Court found no justification to keep him detained. Consequently, the Court ordered his release on regular bail upon furnishing a bond of Rs. 20,000 with two sureties of the same amount. The bail order effectively disposes of the petition.

Issues considered

Whether regular bail should be granted when the accused is not identified in a test identification parade and the prosecution’s case rests on a co‑accused’s confessional statement.

Legislation cited

Arms Act — s. 25(1-B)a, 26, 35
Bihar Narcotic Substances Act — s. 140(2), 61(2)

Subjects

regular bail
identification parade
confessional statement
Arms Act
Bihar Narcotic Substances Act
co‑accused confession
bail petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89050 of 2025
                       Arising Out of PS. Case No.-43 Year-2025 Thana- Karvandiya District- Rohtas
                 ======================================================
                 Rahul Kumar Singh S/O Kameshwar Singh @ Kameshwar Prasad Singh R/O
                 Village- Beda, P.S- Sasaram (M), Distt.-Rohtas.

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Rajesh Kumar Singh, Adv.
                 For the Opposite Party/s :        Mr. Binod Kumar No.3, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   12-01-2026                  Heard Mr. Rajesh Kumar Singh, learned counsel for

                   the petitioner and Mr. Binod Kumar No.3, learned APP for the

                   State.

                                2. Petitioner seeks regular bail in connection with

                   Karwandiya P.S. Case No. 43/ 2025 dated 28.04.2025 registered

                   for the offence(s) punishable under Section 140(2) read with

                   section 61(2) of the BNS and sections 25(1-B)a, 26 and 35 of

                   the Arms Act.

                                3. The main submissions advanced by the petitioner’s

                   counsel are that the petitioner has been languishing in jail since

                   30.04.2025, all the suspected accused persons, including the

                   petitioner, were put on test identification parade before the

                   informant out of them four were identified by the informant but

                   the petitioner was not identified and in this regard, test
            Patna High Court CR. MISC. No.89050 of 2025(2) dt.12-01-2026
                                                        2/2




                      identification report has been filed with this petition as

                      Annexure-2 and the petitioner has been made accused mainly on

                      the basis of confessional statement of co-accused, Chhotu

                      Kumar, which has got no evidentiary value.

                                   4. The learned APP appearing for the State fairly

                      accepts that the petitioner was not identified by the informant

                      during the course of test identification parade.

                                   5. In the facts and circumstances of this case and

                      considering the aforesaid submissions advanced by the

                      petitioner’s counsel, averments made in this petition, the

                      petitioner’s custody period and completion of investigation

                      against him coupled with his defence that he was not identified

                      by the informant during the test identification parade, this court

                      is inclined to release the petitioner on bail. Accordingly, let the

                      petitioner named-above be released on bail in connection with

                      Karwandiya P.S. Case No. 43/ 2025 on furnishing bail bond of

                      Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the

                      like amount each to the satisfaction of the Court concerned.



                                                (Shailendra Singh, J)
BKS/-

U       T

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