Patna High Court
Rudal SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court granted regular bail to the petitioner, finding no material grounds to deny bail.
Summary
The petitioner, Rudal Singh, applied for regular bail in a case registered under Section 310(2) of the BNS. He argued that he was not named in the FIR and his alleged involvement stemmed only from a co‑accused’s confessional statement, which he claimed lacked evidentiary value. No material was recovered from him, he had not been subjected to a test identification parade, and a similarly situated co‑accused had already been granted bail. The petitioner had been in custody since 10 October 2025, had no prior criminal record, and the investigation against him was complete. Considering these facts, the court ordered his release on bail upon furnishing a bail bond of Rs 20,000 with two sureties of equal amount.
Issues considered
- Whether regular bail should be granted to the petitioner under Section 310(2) of the BNS given the absence of his name in the FIR and reliance solely on a co‑accused’s confessional statement
- Whether the petitioner’s clean antecedent, completed investigation and prolonged custody justify bail
Legislation cited
- BNS — s. 310(2)
Subjects
- regular bail
- confessional statement
- co‑accused
- Section 310(2)
- BNS
- investigation completed
- clean antecedent
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90113 of 2025
Arising Out of PS. Case No.-163 Year-2025 Thana- BADDI District- Rohtas
======================================================
Rudal Singh S/O Late Dina Nath Singh R/O Vill.- Barka Telpa, Chapra,
Saran, P.S.- Town, Dist.- Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arbind Kumar, Adv.
For the Opposite Party/s : Mrs.Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 13-01-2026 Heard the parties.
2. Petitioner seeks regular bail in connection with
Baddi P.S. Case No. 163/ 2025 registered for the offence(s)
punishable under Section 310(2) of the BNS.
3. The main submissions advanced by the petitioner’s
counsel are that the petitioner is not named in the FIR and his
name has surfaced only on the basis of the confessional
statement of co-accused, Santosh Yadav @ Sanni Smrat, which
has got no evidentiary value, nothing has been recovered from
the conscious possession of the petitioner, he has not been put
on test identification parade and a similarly situated co-accused,
Gaurav Singh has already been granted bail by a co-ordinate
bench of this court vide order dated 05.01.2026 passed in Cr.
Misc. No. 87235 of 2025. It is further submitted that petitioner
Patna High Court CR. MISC. No.90113 of 2025(2) dt.13-01-2026
2/2
has been languishing in jail since 10.10.2025, bears no criminal
antecedent and the investigation against him has been
completed.
4. The learned APP appearing for the State has
opposed the bail prayer of the petitioner.
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, his fair and clean antecedent and the
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 in connection with Baddi P.S.
Case No. 163/ 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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