Allowed

Rahul Kumar v. The State of Bihar

Patna HC17 Jan 2026CR. MISC./91636/2025

Case brief

AI extract

What is this about?

Second bail application under Sections 363, 365, 302 IPC. Court granted bail citing prolonged custody since September 2022, trial nearing completion with five of seven witnesses examined, and continued detention amounting to punitive pretrial incarceration contrary to Article 21.

What did the court decide?

Bail granted on Rs. 15,000 bail bond with two like sureties; one bailor to be family member; appearance required at each trial date.

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

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.91636 of 2025

¶2

Arising Out of PS. Case No.-311 Year-2022 Thana- SANGRAMPUR District- East

¶3

Champaran

¶4

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

¶5

Rahul Kumar Son of Rajkishore Ram Resident of Village - Rajapur Ahiraulia, P.S.- Kotwa, District - East Champaran

¶6

... ... Petitioner/s

¶7

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate For the Opposite Party/s : Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER

¶8

2 17-01-2026

¶9

Heard learned counsel for the petitioner and learned

¶10

APP for the State.

¶11

The petitioner seeks bail in connection with Sangrampur P.S. Case No. 311 of 2022, instituted for the offences under Sections 363, 365 of the Indian Penal Code and later on Section 302 of the Indian Penal Code was added.

¶12

This is the second attempt of the petitioner for bail. The petitioner has renewed his prayer for grant of regular bail which was earlier rejected by this Court vide order dated 17.12.2024 passed in Cr. Misc. No. 42462 of 2024 taking into consideration the nature of accusation and the gravity of the offence as also the stage of trial.

¶13

Learned counsel for the petitioner submits that the

¶14

Patna High Court CR. MISC. No.91636 of 2025(2) dt.17-01-2026 2/3

¶15

petitioner is languishing in judicial custody since 23.09.2022 without any rhymes or reason and has got no criminal antecedent. It is further submitted that the trial is in progress and out of seven charge-sheeted witnesses, only five witnesses have been examined in this case. Learned counsel for the petitioner next submits that the continued incarceration of the petitioner without conclusion of trial amounts to a gross violation of the fundamental right guaranteed under Article 21 of the Constitution of India, which reiterated by Hon’ble Apex Court in plethora of Judgments.

¶16

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

¶17

Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioner and taking into account the fact that continued detention of the petitioner would serve no purpose other than punitive pretrial incarceration, which is antithetical to the spirit of Article 21 of the Constitution of India, this Court is inclined to grant bail to the petitioner.

¶18

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

¶19

Patna High Court CR. MISC. No.91636 of 2025(2) dt.17-01-2026 3/3

¶20

below/concerned Court in connection with Sangrampur P.S. Case No. 311 of 2022, subject to the following conditions:

¶21

(I) One of the bailors shall be own/close member of

¶22

the family of the petitioner.

¶23

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

¶24

(Rudra Prakash Mishra, J)

¶25

Rajorshi/-

¶26

U T

Rahul Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rahul Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shanti Devi @ Puja Devi Vs The State of Bihar

Suryadev Paswan Vs The State of Bihar

Ganesh Kumar Vs The State of Bihar

Laxmi Prasad @ Vicky Kumar Vs The State of Bihar

Anil Yadav @ Anil Kumar Yadav Vs The State of Bihar

Jyoti Devi @ Jyoti Kumari Vs The State of Bihar