Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that regular bail could not be granted to the petitioner given the gravity of the offence, his confession, and his extensive criminal antecedents.
Summary
The petitioner, Rahul Kumar, was charged in Punpun Police Station Case No. 279 of 2025 for murder and related offences under Sections 140(1), 103(1), 238 and 61(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the accused murdered two persons and disposed of the bodies on a railway track, and the petitioner admitted his role in the crime. He has been in custody since 14 September 2025 and possesses eight prior criminal convictions. The petitioner applied for regular bail, arguing that he was prepared to cooperate with the investigation. The Court examined the seriousness of the offence, the confession, and the extensive criminal antecedents, and concluded that granting bail would be inappropriate. Consequently, the application for regular bail was dismissed, with the Court noting that its observations are prima facie and not to prejudice the trial.
Issues considered
- Whether regular bail should be granted to an accused who has confessed to murder and has multiple prior convictions
- Whether the seriousness of the offence and the presence of prima facie evidence preclude the grant of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 140(1), 238, 61(2)
Subjects
- regular bail
- murder
- confession
- criminal antecedents
- high court
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8973 of 2026
Arising Out of PS. Case No.-279 Year-2025 Thana- PUNPUN District- Patna
======================================================
Rahul Kumar S/o Gaji Yadav @ Gajendra Prasad R/o vill- Lachu Bigha, P.S.-
Dhanarua, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Advocate
Mr. Ashok Kumar Mishra
For the Opposite Party/s : Mr. Pramod Kumar Pandey
Mr. Sanjay Kumar Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 23-06-2026 Heard the learned Senior Counsel for the petitioner,
learned APP for the State and the learned counsel for the
Informant.
2. The petitioner seeks regular bail in connection with
Punpun P.S. Case No. 279 of 2025 registered for the offence
under Sections 140(1), 103(1), 238 and 61(2) of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the accused persons,
including the petitioner, are accused of committing the murder
of two individuals and throwing the dead bodies onto the
railway track.
4. The petitioner is named accused in this case. The
petitioner has confessed his role in the commission of the crime.
Patna High Court CR. MISC. No.8973 of 2026(4) dt.23-06-2026
2/2
The allegations against the petitioner are serious and grave in
nature. There exists prima facie material against the petitioner
indicating his involvement in the commission of the offence.
The petitioner is in custody since 14.09.2025 and has eight
criminal antecedents.
5. Considering the nature and the gravity of the
offence as well as the criminal antecedents of the petitioner, this
Court is not inclined to grant regular bail to the petitioner.
6. Accordingly, this application for regular bail stands
dismissed.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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