Patna High Court
Rahul Kumar Yadav @ Rahul YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Rahul Kumar Yadav, sought bail in a murder case (Sections 302 and 34 IPC) where the deceased was found with multiple knife injuries. The prosecution’s case is based on a confessional statement of co‑accused Priyanka Devi, who implicated the petitioner. The petitioner argued that he was falsely implicated, not named in the FIR, and has five prior convictions, seeking release from custody since 29‑08‑2025. The State opposed bail, emphasizing the specific material linking the petitioner to the stabbing. Considering the confessional statement and material evidence, the Court declined to grant bail, though the petitioner may re‑apply if the trial is not concluded within six months.
Issues considered
- Whether bail should be granted to the petitioner in a murder case under Sections 302 and 34 IPC given the confessional statement of a co‑accused and material evidence.
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- IPC 34
- confessional statement
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90354 of 2025
Arising Out of PS. Case No.-51 Year-2024 Thana- JIRADEI District- Siwan
======================================================
Rahul Kumar Yadav @ Rahul Yadav S/O Yogendra Yadav R/O Village-
Khargi Rampur, P.S- Ziradeyi, Distt.- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Anupam, Advocate
For the Opposite Party/s : Ms. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 11-03-2026 Heard learned counsel for the petitioner, learned APP for
the State and perused the case diary.
2. The petitioner seeks bail in connection with Ziradeyi
P.S. Case No. 51 of 2024 instituted for the offences under
Sections 302 & 34 of the Indian Penal Code.
3. Prosecution case, in short, is that, the brother of the
informant had told his staff that he was going towards the
village Khargi Rampur. On the next day, the dead body of the
brother of the informant was found lying in the field of wheat
with several knife injuries on his body.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.90354 of 2025(3) dt.11-03-2026
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petitioner is an innocent and has falsely been implicated in the
present case. Petitioner is not named in the F.I.R. Name of the
petitioner has surfaced in this case on the basis of confessional
statement of co-accused, namely, Priyanka Devi. It has been
submitted on behalf of the petitioner that the petitioner is in
custody since 29.08.2025 and has five criminal antecedents. Co-
accused, namely, Priyanka Devi has been enlarged on bail by
this Court vide order dated 18.09.2024, passed in Cr. Misc. No.
48007 of 2024.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioner. Learned APP further
submits that from perusal of the case diary, it appears that co-
accused, namely, Priyanka Devi in her confessional statement
stated that it is the petitioner along with other co-accused who
have committed the murder of the deceased.
6. Considering the aforesaid facts and circumstances of
the case, there being specific material against the petitioner of
stabbing the deceased with knife in the case diary, this Court, at
this stage, is not inclined to grant bail to the petitioner. Prayer
for grant of bail is hereby rejected.
7. However, petitioner will be at liberty to renew his
prayer for bail in the Court below, if the trial is not concluded
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within a period of six months from the date of
receipt/production of a copy of this order.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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