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Rahul Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

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Patna HC
2026
Rahul Kumar Vs The State of BiharRahul Kumar v. The State of Bihar

Allowed¶17

Rahul Kumar v. The State of Bihar

Criminal Miscellaneous – regular bail

Patna HC25 Feb 2026CR. MISC./13628/2026

Case brief

AI extract

What is this about?

Patna High Court oral order dated 25-02-2026 by Hon'ble Mr. Justice Ashok Kumar Pandey in CRIMINAL MISCELLANEOUS No.13628 of 2026, Rahul Kumar v. The State of Bihar, arising out of Khajekala P.S. Case No. 430 of 2025 (District Patna) under Section 310(2) BNS. Defence relied on alleged Section 105 BNSS seizure irregularities, police-personnel seizure witnesses, confessional statement of Md. Raja, parity with co-accused Raushan Kumar (Cr. Misc. No. 6100 of 2026) and custody since 18.10.2025; State alleged two criminal antecedents. Bail granted on Rs. 10,000 bond with two like sureties before J.M. 1st Class, Patna City.

What did the court decide?

Release on bail in connection with Khajekala P.S. Case No. 430 of 2025 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Patna City.

Why is it important?

Having heard counsel and considering the facts and circumstances of the case, the court enlarged the petitioner on bail in Khajekala P.S. Case No. 430 of 2025, directing release on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Patna City. ¶17

What the court decided

AI extract

Outcome

Release on bail in connection with Khajekala P.S. Case No. 430 of 2025 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Patna City.

Issue for consideration

Whether the petitioner, arraigned in Khajekala P.S. Case No. 430 of 2025 for an offence punishable under Section 310(2) of the BNS, should be enlarged on regular bail.

Court's answer

Having heard counsel and considering the facts and circumstances of the case, the court enlarged the petitioner on bail in Khajekala P.S. Case No. 430 of 2025, directing release on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Patna City.

Detailed headnote1 paragraphs

Criminal Miscellaneous — regular bail — offence under Section 310(2) BNS arising from Khajekala P.S. Case No. 430 of 2025, District Patna — prosecution case of two armed persons entering the informant's house and taking cash, mobile phones and CCTV hard disk — recovery of country-made pistol, live cartridge and Rs. 30,000 from petitioner alleged; seizure witnesses said to be police personnel with alleged non-compliance of Section 105 BNSS — parity urged with co-accused Raushan Kumar granted bail in Cr. Misc. No. 6100 of 2026 — petitioner in custody since 18.10.2025 — State opposed citing two criminal antecedents — Held, petitioner enlarged on bail on bond of Rs. 10,000 with two like sureties (Ashok Kumar Pandey, J.).

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13628 of 2026

Arising Out of PS. Case No.-430 Year-2025 Thana- KHAJEKALA District- Patna

======================================================

Rahul Kumar Son of Shankar Sah @ Shyam Babu Saw Resident of - Deewan Mohalla, Pato Ki Bagh, P.S.- Khajekala, District – Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arvind Kumar Pradhan, Advocate For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

2 25-02-2026

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 310(2) of the BNS.

The case of the prosecution, in short, is that two persons on point of pistol entered in the house of the informant. They took away various articles including cash, mobile phones and hard disk of CCTV.

Learned counsel for the petitioner submits that the FIR was lodged against unknown miscreants and the petitioner was falsely implicated in this case. Learned counsel for the petitioner has submitted that one Md. Raja has given his confessional statement before police. It has further been submitted that from possession of this petitioner one country made pistol with live cartridge and Rupees Thirty Thousand were recovered.

Patna High Court CR. MISC. No.13628 of 2026(2) dt.25-02-2026 2/2

Learned counsel for the petitioner has submitted that the witnesses of the seizure list are police personnel and police has not complied Section 105 of the BNSS while making seizure. It has further been submitted that similarly situated co-accused Raushan Kumar has been granted bail by learned Co-ordinate Bench vide Cr. Misc. No. 6100 of 2026. The case of this petitioner stands on similar footing. Learned counsel for the petitioner has submitted that the petitioner is languishing in judicial custody since 18.10.2025.

Learned APP for the State has vehemently opposed the bail and has submitted that the petitioner is having criminal antecedent of two cases.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Khajekala P.S. Case No. 430 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1^st Class, Patna City.

(Ashok Kumar Pandey, J)

durgesh/-

U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, arraigned in Khajekala P.S. Case No. 430 of 2025 for an offence punishable under Section 310(2) of the BNS, should be enlarged on regular bail.¶11
The court held
Having heard counsel and considering the facts and circumstances of the case, the court enlarged the petitioner on bail in Khajekala P.S. Case No. 430 of 2025, directing release on furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Patna City.ratio¶17

Cases cited

Colour shows how this judgement treated each authority

AI extract

Cr. Misc. No. 6100 of 2026Referred¶15

Statutes considered

2 provisions across 2 enactments

AI extract

BNS310(2)¶11
BNSS105¶15

Procedural history

How this case reached the court

AI extract

Prior proceeding
Case registered as Khajekala P.S. Case No. 430 of 2025, Thana Khajekala, District Patna.¶2
Prior proceeding
Prosecution case: two persons armed with pistol entered the informant's house and took away articles including cash, mobile phones and the CCTV hard disk.¶12
Prior proceeding
Defence submitted that one Md. Raja gave a confessional statement before police.¶13
Prior proceeding
Defence submitted that one country-made pistol with live cartridge and Rupees Thirty Thousand were recovered from the petitioner's possession.¶13
Prior proceeding
Defence contended that the seizure-list witnesses are police personnel and that Section 105 BNSS was not complied with during the seizure.¶15
Prior proceeding
Parity urged: similarly situated co-accused Raushan Kumar granted bail by Coordinate Bench in Cr. Misc. No. 6100 of 2026.¶15
Prior proceeding
Petitioner in judicial custody since 18.10.2025.¶15
Prior proceeding
State opposed bail, alleging the petitioner has two criminal antecedents.¶16

Parties & counsel

AI extract

petitioner
Rahul Kumar Son of Shankar Sah @ Shyam Babu Saw Resident of - Deewan Mohalla, Pato Ki Bagh, P.S.- Khajekala, District – Patna¶4
Mr. Arvind Kumar Pradhan
respondent
The State of Bihar¶6
Mr. Nirmal Kumar Sinha

Coram

AI extract

Ashok Kumar Pandeyauthor¶7

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 25 Feb 2026 · February
Registered: 19 Feb 2026
Case no.: CR. MISC./13628/2026
CNR: BRHC010185642026
Bench: Ashok Kumar Pandey
Disposal: ALLOWED
Case type: CRIMINAL MISCELLANEOUS

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Cite this judgement

Rahul Kumar v. The State of Bihar, CR. MISC./13628/2026 (PAT), decided on 25 February 2026.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

Cr. Misc. No. 6100 of 2026Referred¶15

Open Authorities

Statutes2

BNS310(2)
BNSS105

View all statutes

Procedural history8

Case registered as Khajekala P.S. Case No. 430 of 2025, Thana Khajekala, District Patna.
Prosecution case: two persons armed with pistol entered the informant's house and took away articles including cash, mobile phones and the CCTV hard disk.

View full history

Bench / Coram

Ashok Kumar Pandey

Parties & counsel