Rahul Kumar Yadav @ Rahul Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76284 of 2025 Arising Out of PS. Case No.-322 Year-2024 Thana- GUTHANI District- Siwan ====================================================== Rahul Kumar Yadav @ Rahul Yadav Son of Vishwanath Yadav Resident Of Village -Aranda Tola M H Nagar, Ps -M. H. Nagar, Dist -Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 24-02-2026 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 103, 3(5) of the B.N.S. and Section 27 of the Arms Act.

3. Petitioner along with other accused persons are said to have committed murder of the son of the informant.

4. Learned counsel for the petitioner submits that the First Information Report was lodged against six unknown miscreants and the name of the petitioner transpired during the course of investigation after having confessed his guilt in a different case. It is further submitted that there is no eye witness to the case and he has been made an accused only on the basis of own confessional statement. The petitioner is in custody since

Patna High Court CR. MISC. No.76284 of 2025(5) dt.24-02-2026 2/2 18.02.2025 and there has been no progress in the case.

5. Learned APP for the State and learned counsel for the informant have opposed the application for bail on the ground that paragraph 58 of the case diary discloses telephonic conversations containing the CDR which discloses several telephonic conversations of the petitioner with the other accused Vishwakarma Gond on the date of occurrence and the tower location is also shown to be near the place of occurrence. It has been further submitted that the case of co-accused Vishwakarma Gond has already been rejected by a coordinate Bench of this Court vide order dated 12.01.2026 passed in Cr. Misc. No. 54892 of 2025.

6. Taking into consideration the facts and circumstances and also considering the materials collected during the course of investigation coupled with the fact that the prayer for bail of similarly situated co-accused has already been rejected, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for bail is rejected in connection Guthani P.S. Case No. 322 of 2024.

(Soni Shrivastava, J) devendra/- U T