Patna High Court

Rahul Kumar @ Rahul YadavversusThe State of Bihar

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

Holding

The court held that in the absence of any cogent evidence and when the petitioner is not named in the FIR, regular bail must be granted.

Summary

Petitioner Rahul Kumar was arrested in Gurua P.S. Case No. 192 of 2025 for an offence under section 308(5) read with section 3(5) of the BNS. He contended that he was not named in the FIR, had already been granted bail in a related case (Gurua P.S. Case No. 232 of 2025), and that the investigation against him was complete. The State opposed the bail application. The court examined the lack of any admissible evidence linking the petitioner to the alleged extortion and noted that the FIR did not name him. Finding no cogent material to justify continued detention, the court ordered his release on regular bail with a bond of Rs.20,000 and two sureties. The petition was disposed in the petitioner’s favour.

Issues considered

Whether bail can be granted when the accused is not named in the FIR
Whether the grant of bail in a related case influences bail in the present case
Whether the absence of admissible evidence warrants the denial of bail

Legislation cited

BNS — s. 308(5), 3(5)

Subjects

regular bail
FIR
evidence
confessional statement
criminal procedure
BNS
section 308(5)
section 3(5)
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89164 of 2025
                         Arising Out of PS. Case No.-192 Year-2025 Thana- GURUA District- Gaya
                 ======================================================
                 Rahul Kumar @ Rahul Yadav S/o Uday Yadav R/o Village- Baridih, PS-
                 Salaiya, District- Aurangabad
                                                                    ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :     Mr. Krishna Prasad Singh, Sr. Adv.
                                                  Mr. Rakesh Singh, Adv.
                 For the Opposite Party/s :       Mr. Choubey Jawahar, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   12-01-2026                          Heard Mr. Krishna Prasad Singh, learned senior

                   counsel for the petitioner and Mr. Choubey Jawahar, learned APP

                   for the State.

                                 2. Petitioner seeks regular bail in connection with Gurua

                   P.S. Case No. 192 of 2025 dated 01.05.2025 registered for the

                   offence punishable under section 308(5) read with section 3(5) of

                   the BNS.

                                 3. The main submissions advanced by the petitioner’s

                   counsel are that petitioner is not named in the FIR and he has been

                   arrested in Gurua P.S. case no. 232 of 2025 thereafter he was

                   remanded in the present case as well as two other cases and in the

                   said Gurua P.S. Case No. 232 of 2025, he has been granted bail by

                   a co-ordinate Bench of this Court vide order dated 16.12.2025

                   passed in Cr. Misc. No. 85183 of 2025. It is further submitted that

                   the FIR itself goes to show that no levy was paid by the informant
           Patna High Court CR. MISC. No.89164 of 2025(2) dt.12-01-2026
                                                       2/2




                     in the light of the alleged threat given to him by the accused

                     through mobile phone, the petitioner has been languishing in jail

                     since 05.07.2025 and against him, the investigation has been

                     completed.

                                  4. Learned APP for the State has opposed the bail prayer

                     of the petitioner.

                                  5. Considering the above submissions, the averments

                     made in this application mainly the fact that the petitioner is not

                     named in the FIR and as per above submissions, he was remanded

                     in the present matter from another P.S case on the basis of his

                     confessional statement as mentioned in the petition and the

                     prosecution has not pointed out any cogent or admissible evidence

                     against him to show his involvement in the alleged crime of

                     extortion demand coupled with the petitioner’s custody period, and

                     completion of investigation against him, this court is inclined to

                     release the petitioner on bail. Accordingly, let the petitioner

                     named-above be released on bail 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 in

                     connection with Gurua P.S. Case No. 192 of 2025.


                                               (Shailendra Singh, J)

siddharthkr/-
U       T

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