Rakesh kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

Rakesh kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

What the court decided

AI extract

Outcome

Bail granted: petitioner to be released in connection with Koilwar P.S. Case No. 22 of 2025 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned CJM, Bhojpur at Ara/concerned Court, subject to conditions under Section 480(3) of BNSS.

Issue for consideration

Whether the petitioner, not named in the FIR and in custody since 21.08.2025 in Koilwar P.S. Case No. 22 of 2025 (offences under Section 103(1)/3(5) of BNS and 27 of Arms Act), should be released on bail.

Court's answer

Prima facie, save and except suspicion arising out of the confessional statement, nothing incriminating appears against the petitioner during investigation to connect him with the crime in question.

Ratio / Principle

The petitioner is directed to be released on bail in connection with Koilwar P.S. Case No. 22 of 2025 on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Bhojpur at Ara/concerned Court, subject to the conditions under Section 480(3) of BNSS, considering the completed investigation and custody since 21.08.2025.

Detailed headnote1 paragraphs

Bail - Grant of. Petitioner not named in the FIR; name transpired during investigation on the basis of confessional statement of apprehended co-accused Jai Prakash Mahto; investigation complete and charge-sheet submitted; petitioner in custody since 21.08.2025; offences under Section 103(1)/3(5) of BNS and Section 27 of the Arms Act arising out of Koilwar P.S. Case No. 22 of 2025, District Bhojpur. Held: prima facie, save and except suspicion arising out of the confessional statement, nothing incriminating appears against the petitioner during investigation to connect him with the crime; petitioner directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bhojpur at Ara/concerned Court, subject to conditions under Section 480(3) of BNSS. (Chandra Shekhar Jha, J)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83520 of 2025

Arising Out of PS. Case No.-22 Year-2025 Thana- KOILWAR District- Bhojpur

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

Rakesh kumar son of Ramesh Singh Resident of Mohalla -Ibrahim Nagar PsArrah Town District -Bhojpur

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar, Adv. For the Opposite Party/s : Mr. Navin Kr. Pandey, APP

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

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

2 05-02-2026

Heard the parties.

The petitioner seeks bail in connection with Koilwar

P.S. Case No. 22 of 2025 registered for the offence under

Section 103(1)/3(5) of BNS and 27 of Arms Act.

The petitioner is not named in the F.I.R. and is in

custody since 21.08.2025.

As per FIR, the brother of the informant was murdered by unknown miscreants by causing firearm injury.

Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner transpired during course of investigation on the basis of confessional statement of apprehended co-accused Jai Prakash Mahto, in furtherance of which nothing incriminating transpired during investigation as to connect petitioner with present crime in question. While concluding argument, it is submitted that petitioner is a man of clean antecedent and moreover,

Patna High Court CR. MISC. No.83520 of 2025(2) dt.05-02-2026 2/2

investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposed the prayer of bail.

Considering the aforesaid factual submissions and

by taking note of fact as prima-facie save and except suspicion arising out of confessional statement nothing incriminating appears against petitioner during investigation as to connect him with present crime in question, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 21.08.2025, accordingly, petitioner above named, is directed to be released on bail in connection with Koilwar P.S. Case No. 22 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bhojpur at Ara/concerned Court, subject to the conditions as mentioned under Section 480(3) of BNSS.

(Chandra Shekhar Jha, J)

Sudha/- U T