Patna High CourtCR. MISC./7398/2026dismissed

Rahul Kumar v. The State Of Bihar

2026-02-16Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7398 of 2026 Arising Out of PS. Case No.-407 Year-2024 Thana- KANTI District- Muzaffarpur ====================================================== Rahul Kumar Son of Surya Mahto R/o Village - Panapur Bangla tola, P.S. - Minapur, District - Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bela Singh, Adv For the Opposite Party/s :

Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the second attempt on behalf of the petitioner for grant of bail in connection with Kanti P.S.Case No. 407 of 2024 registered for the offence punishable under Section 309 (6)3(5) of the Indian Penal Code.

3. Earlier the bail application of the petitioner has been rejected vide order dated 07.03.2025 passed in Cr. Misc. No.11081 of 2025 which reads as under:- "Heard the learned counsel for the petitioner and learned APP for the State; Sri Jharkhandi Upadhyay.

2. The petitioner seeks regular bail in connection with Kanti P.S. Case No. 407 of 2024 registered for the offence under Sections 309(6), 3(5) of the BNS and Section 27 of the Arms Act.

3. The deceased was killed by unknown criminals while committing loot.

During investigation on the confessional statement of co-accused Chandan Kumar

Patna High Court CR. MISC. No.7398 of 2026(2) dt.16-02-2026 2/2 and Rahul Kumar, the looted motorcycle has been recovered from the cowshed of Raja Kumar.

4. The murder weapon and cartridges used in the crime have been recovered at the instance of co-accused Chandan Kumar. He has also given a selfinculpatory statement saying Rahul Kumar, the petitioner and Raja Kumar were involved in the loot and murder.

Petitioner is in jail since 13.08.2024.

5. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner.

6. Accordingly, this application for regular bail is dismissed"

4. Learned counsel for the petitioner submits that the charge has been framed.

5. Considering the gravity of heinous nature of offence and the fact that the trial has started, I am not inclined to review my earlier order even though another co-accused has been granted bail by a co-ordinate Bench of this Court.

6. Accordingly, the application stands dismissed.

7. The Trial court is directed to expedite the trial at the earliest.

(Sandeep Kumar, J) N.K/- U T