Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court held that in the absence of direct evidence and with the investigation completed, the petitioner is entitled to regular bail under Section 309(4) of the BNS.
Summary
The petitioner, Rahul Kumar, applied for regular bail in a case registered under Section 309(4) of the BNS. He argued that he was not named in the FIR, was implicated only on information from a police spy, and that no material was recovered from his possession nor was he subjected to a test identification parade. The petitioner also highlighted that co‑accused had already been granted bail and that his investigation was complete with no criminal antecedents. The State opposed the bail, but the court considered the lack of direct evidence, the petitioner’s clean record, and the completed investigation. Consequently, the court ordered his release on bail upon furnishing a bond of Rs. 20,000 with two sureties.
Issues considered
- Whether regular bail should be granted to the petitioner under Section 309(4) of the BNS in view of the absence of his name in the FIR and lack of material evidence.
- Whether the reliance on information from a police spy suffices to justify continued detention.
Legislation cited
- BNS — s. 309(4)
Subjects
- regular bail
- Section 309(4)
- BNS
- police spy
- investigation completed
- no FIR naming
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90119 of 2025
Arising Out of PS. Case No.-421 Year-2025 Thana- SUPAUL District- Supaul
======================================================
Rahul Kumar Son of Late Bhagwat Ray R/o Viilage - Bina Andoli, Ward no.
8, P.S. - Supaul, Dist. - Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandra Mohan Jha, Adv.
For the Opposite Party/s : Mr.Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 13-01-2026 Heard the parties.
2. Petitioner seeks regular bail in connection with
Supaul P.S. Case No. 421/ 2025 registered for the offence(s)
punishable under Section 309(4) 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 information given by
the police spy, nothing has been recovered from the conscious
possession of the petitioner, he has not been put on test
identification parade and similarly situated co-accused, Ashish
Kumar and Banti Singh @ Ajay Singh have already been
granted bail by a co-ordinate bench of this court vide orders
dated 06.01.2026 and 08.01.2026 passed in Cr. Misc. Nos.
85360 of 2025 and 85567 of 2025 respectively. It is further
submitted that petitioner has been languishing in jail since
Patna High Court CR. MISC. No.90119 of 2025(2) dt.13-01-2026
2/2
27.08.2025, 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. 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 and mainly taking into
account the plea that he has been made accused in the present
matter on the basis of information given by the police spy and
except this there is nothing to show his involvement in the
alleged crime of loot, this court is inclined to release the
petitioner on bail. Accordingly, let the petitioner named-above
be released on bail in connection with Supaul P.S. Case No. 421/
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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