Patna High Court

Rakesh KumarversusThe State of Bihar

Decided: 31 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court granted bail to the petitioner, finding that the circumstances justified release on bail.

Summary

The petitioner, Rakesh Kumar Ranjeet Mahto, applied for bail in a criminal case registered under Sections 103(1), 61(2), 351(2) and 352 of the B.N.S., alleging involvement in a murder that occurred on 30.05.2025. The prosecution alleged that the petitioner, along with other accused, intercepted the brother of an informant and murdered him. The petitioner contended that he was innocent, that the informant was not an eye‑witness, and that the case was based solely on circumstantial evidence; he also pointed to the fact that co‑accused had already been granted bail in a similar case. The State opposed the bail application, emphasizing the seriousness of the offences. Considering the nature of the accusations, the principle of parity with co‑accused, and the period of custody, the court allowed the bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of equal amount.

Issues considered

What is the applicability of bail provisions to the petitioner given the seriousness of the offences under Sections 103(1), 61(2), 351(2) and 352 of the B.N.S.?
Whether the circumstantial evidence and lack of an eye‑witness justify granting bail?
Whether parity with co‑accused persons who have already been granted bail warrants the same relief for the petitioner?

Legislation cited

B.N.S. — s. 103(1), 351(2), 352, 61(2)

Subjects

bail
criminal procedure
circumstantial evidence
Section 103
Section 61
Section 351
Section 352
Bihar
High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.89404 of 2025
                     Arising Out of PS. Case No.-192 Year-2025 Thana- ATHMALGOLA District- Patna
                 ======================================================
                 Rakesh Kumar Ranjeet Mahto @ Ranjit Kumar Resident Of Village -
                 Kedarchak, P.S- Athmalgola, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :      Mr. Shivam Aniket, Advocate
                                                 Ms. Ojaswee Kumari, Advoate
                 For the State            :      Mr. Sunil Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   31-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                  2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 103(1), 61(2), 351(2) and

                   352 of the B.N.S..

                                  3. As per prosecution case, it is alleged that on

                   30.05.2025, brother of informant, along with his friend, went to

                   the neighboring village where, all the F.I.R. named accused

                   persons, including this petitioner, intercepted him and thereafter,

                   all of them committed murder of brother of informant.

                                  4. It is submitted by learned counsel for the petitioner

                   that petitioner is quite innocent and has committed no offence.

                   Informant is not an eye witness of the alleged occurrence. The
             Patna High Court CR. MISC. No.89404 of 2025(2) dt.31-01-2026
                                                         2/2




                       present case is based on circumstantial evidence. Moreover,

                       similarly situated co-accused persons have already been granted

                       bail by this Hon’ble Court vide order dated 26.11.2025 passed in

                       Cr. Misc. No. 81734 of 2025. Charge-sheet has already been

                       submitted and petitioner, having no criminal antecedents, are in

                       custody since 04.06.2025.

                                    5. Learned A.P.P. for the State has vehemently

                       opposed the prayer for grant of bail to the petitioner.

                                    6. Considering the facts and circumstances of the

                       case, general and omnibus nature of accusation, claim based on

                       parity and period of custody, the prayer for grant bail of to the

                       petitioner is allowed.

                                    7. Accordingly, let the above named petitioner 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 learned Chief Judicial Magistrate, Barh in

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



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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