Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87525 of 2025 Arising Out of PS. Case No.-36 Year-2025 Thana- BHUTAHI District- Sitamarhi ====================================================== Rahul Kumar Son of Rajendra Singh R/o Village - Jabdi Loharpatti, Ward no. 01, P.S. - Parihar, Dist. - Sitamarhi.

.. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prabhat, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-01-2026 Heard Mr. Krishna Prabhat, learned counsel for the petitioner and Mr. Ashok Kumar Singh, learned APP for the State.

2. Petitioner seeks regular bail in connection with Bhutahi P.S. Case No. 36 of 2025 registered for the offences punishable under sections 309(4) and 317(2) of the Bharatiya Nyaya Sanhita.

3. The main submissions advanced by petitioner's counsel are that the petitioner was arrested in Bela P.S. Case No. 148/2025 and thereafter, he was remanded in three more cases and so far as the merit of the allegation to the present matter is concerned, there is nothing incriminating evidence to show the petitioner's involvement in the alleged crime of loot and after the petitioner was taken into custody, the police failed to recover any looted article from the possession of the petitioner and he was not put on Test Identification Parade before the informant or

Patna High Court CR. MISC. No.87525 of 2025(2) dt.12-01-2026 2/2 other important witnesses for identification process and one coaccused, namely, Raghubeer Kumar, who has also been made accused in the present matter in similar manner, has been granted bail by the trial court itself.

4. Learned APP for the State has opposed the prayer of the petitioner but has not been able to refute the aforesaid submissions made by petitioner's counsel, however, he has submitted that before the trial court the petitioner suppressed the details of his criminal antecedents which was mainly considered by the trial court while rejecting his bail prayer.

5. Considering the above submissions, averments made in this application and mainly taking into account the petitioner's aforesaid plea that there is nothing admissible evidence against him which has not been refuted by the learned APP, this Court is inclined to release him on bail. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the court concerned in connection with Bhutahi P.S. Case No. 36 of 2025. (Shailendra Singh, J) annu/- U