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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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