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Patna High Court

Rahul Sharma @ Rahul KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Rahul Sharma petitioned for regular bail in a criminal case registered under Section 309(4) of the BNS, alleging that the FIR does not name him and no material has been recovered from his possession. The prosecution’s case is based solely on a confessional statement of co-accused Harsh, who implicated Sharma in the theft of a mobile and video camera. Sharma’s counsel argued that the lack of direct evidence and the absence of his name in the FIR warrant bail, noting that he has been in judicial custody since 18 June 2025. The State opposed the bail application. After hearing both sides, the court found the evidentiary basis insufficient to justify continued detention and ordered Sharma’s release on regular bail with a bond of Rs.10,000 and two sureties.

Issues considered

  • Whether regular bail should be granted to the petitioner when the only evidence against him is a co-accused’s confessional statement and his name is absent from the FIR.

Legislation cited

  • BNS — s. 309(4)

Subjects

  • regular bail
  • Section 309(4) BNS
  • confessional statement
  • co-accused
  • criminal procedure
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10396 of 2026
                    Arising Out of PS. Case No.-229 Year-2025 Thana- WARISLIGANJ District- Nawada
                 ======================================================
                 Rahul Sharma @ Rahul Kumar Son of Manoj Sharma Resident of Village-
                 Mafi, P.S.- Warisaliganj, District- Nawada

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Vijay Anand, Advocate
                 For the Opposite Party/s :      Mr. Ram Sumiran Rai, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   20-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Section 309(4) of the

                   BNS.

                                3. The case of the prosecution, in short, is that

                   unknown miscreants have snatched the mobile and video

                   camera of the informant on gun point. The FIR was lodged

                   against unknown miscreants in Warsaliganj P.S. Case No. 216 of

                   2025. One Harsh has given his confessional statement and on

                   the basis of his confessional statement, this petitioner was

                   implicated in that case and this case also.

                                4. Learned counsel for the petitioner submits that the

                   name of this petitioner is not there in the FIR. It has further been
            Patna High Court CR. MISC. No.10396 of 2026(2) dt.20-02-2026
                                                        2/2




                      submitted by learned counsel for the petitioner that nothing has

                      been recovered from the possession of this petitioner. Save and

                      except the confessional statement of co-accused Harsh, that too

                      in other case, there is nothing against this petitioner. Learned

                      counsel for the petitioner has further submitted that the

                      petitioner is languishing in judicial custody since 18.06.2025.

                                   5. Learned APP for the State has vehemently opposed

                      the bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Warsaliganj P.S. Case No. 229 of 2025 on furnishing bail bond

                      of Rs.10,000/- (ten thousand) with two sureties of the like

                      amount each to the satisfaction of learned A.C.J.M.-IV, Nawada.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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