Patna High Court
CR. MISC./34665/2026 of Rahul Kumar @ Rahul Sharma Vs The State of Bihar on 23 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34665 of 2026 Arising Out of PS. Case No.-117 Year-2026 Thana- BARH District- Patna ====================================================== Rahul Kumar @ Rahul Sharma S/o Dinesh Sharma Resident of Village - Santi Tola Berhana, P.S.- Barh,
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34665 of 2026
Arising Out of PS. Case No.-117 Year-2026 Thana- BARH District- Patna ======================================================
Rahul Kumar @ Rahul Sharma S/o Dinesh Sharma Resident of Village - Santi Tola Berhana, P.S.- Barh, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Ms. Devika Rani, Adv.
Mr. Saurav Anand, Adv.
For the Opposite Party/s :
Mr. Aditya Narayan Singh.1, APP
For the informant
:
Mr. Sunil Kumar Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
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ORAL ORDER
23-07-2026 Heard Ms. Devika Rani, learned counsel for the petitioner and Mr. Sunil Kumar Singh for the informant besides the State.
2. The petitioner apprehends his arrest in connection with Barh P.S. Case No. 117 of 2026 for the offence registered under sections 103(1) of BNS.
3. As per the prosecution story, the informant alleged that his younger son (deceased) was working as a teacher and after meeting, it was informed that he is returning to Lakhisarai. He accordingly, boarded the bus to Biharsharif on the way to Lakhisarai. Around 8 PM, there was a conversation with the deceased and in the said video conversation, he was found to be at Barh Station and the next day, Abhishek Kumar made a call Patna High Court CR. MISC. No.34665 of 2026(4) dt.23-07-2026
and informed that his son died near Primary School, Barh. When he wanted to make further enquiry, the phone was disconnected. Abhishek had taken a loan and he was not returning the money and sensing conspiracy, the FIR.
4. Learned counsel for the petitioner submits that the role has been assigned to Abhishek, the reason has also been incorporated, this petitioner has no role to play and has been forcibly dragged in the present case. The deceased was in the habit of consuming smack which has also come in the case diary. Further, petitioner is ready to co-operate in the investigation.
5. Learned counsel representing the informant on the other hand has taken this Court to paragraph 128 to show that he was present at the spot when the deceased breathe his last and thereafter, took his mobile, the bag as also the golden chain and sold it to one Vikash Raj and thereafter, the bag was thrown. He further submits that process has already been issued on 19.06.2026 against the petitioner.
6. Taking into account the aforesaid facts and though he may not have been assigned the main role, the fact remains that after the death of the informant’s son, he ensured that the valuables are removed from the place which he sold and further, Patna High Court CR. MISC. No.34665 of 2026(4) dt.23-07-2026
process has been issued against him, in that background, no relief can be extended.
7. The anticipatory bail application stands rejected.
Vijay Singh/- (Rajiv Roy, J) U