Rahul Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89050 of 2025 Arising Out of PS. Case No.-43 Year-2025 Thana- Karvandiya District- Rohtas ====================================================== Rahul Kumar Singh S/O Kameshwar Singh @ Kameshwar Prasad Singh R/O Village- Beda, P.S- Sasaram (M), Distt.-Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-01-2026 Heard Mr. Rajesh Kumar Singh, learned counsel for the petitioner and Mr. Binod Kumar No.3, learned APP for the State.

2. Petitioner seeks regular bail in connection with Karwandiya P.S. Case No. 43/ 2025 dated 28.04.2025 registered for the offence(s) punishable under Section 140(2) read with section 61(2) of the BNS and sections 25(1-B)a, 26 and 35 of the Arms Act.

3. The main submissions advanced by the petitioner's counsel are that the petitioner has been languishing in jail since 30.04.2025, all the suspected accused persons, including the petitioner, were put on test identification parade before the informant out of them four were identified by the informant but the petitioner was not identified and in this regard, test

Patna High Court CR. MISC. No.89050 of 2025(2) dt.12-01-2026 2/2 identification report has been filed with this petition as Annexure-2 and the petitioner has been made accused mainly on the basis of confessional statement of co-accused, Chhotu Kumar, which has got no evidentiary value.

4. The learned APP appearing for the State fairly accepts that the petitioner was not identified by the informant during the course of test identification parade.

5. In the facts and circumstances of this case and considering the aforesaid submissions advanced by the petitioner's counsel, averments made in this petition, the petitioner's custody period and completion of investigation against him coupled with his defence that he was not identified by the informant during the test identification parade, this court is inclined to release the petitioner on bail. Accordingly, let the petitioner named-above be released on bail in connection with Karwandiya P.S. Case No. 43/ 2025 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. (Shailendra Singh, J) BKS/- U T