Patna High Court
Rajesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that, given the petitioner’s clean antecedent, lack of incriminating evidence, and no likelihood of absconding or evidence tampering, regular bail should be granted.
Summary
The petitioner, Rajesh Kumar Singh, was charged under Sections 310(2) and 111(2) of the B.N.S., 2023 for allegedly participating in a robbery of a CNG vehicle. The prosecution’s case was based on the testimony of the vehicle driver, who identified six unknown persons, but no material was recovered from the petitioner and he was not subjected to a test identification parade. The petitioner’s counsel argued that he was falsely implicated, had a clean antecedent, had already been in custody since 1 October 2025, and posed no risk of absconding or tampering with evidence. The State opposed bail, citing the seriousness of the offences. Considering the lack of incriminating evidence, the petitioner’s clean record, and the time already spent in custody, the court ordered regular bail on a bond of Rs 10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences under Sections 310(2) and 111(2) of the B.N.S., 2023
- Whether the absence of incriminating material and lack of a test identification parade justify bail
- Whether the petitioner poses a risk of absconding or tampering with evidence
Legislation cited
- B.N.S., 2023 — s. 111(2), 310(2)
Subjects
- bail
- regular bail
- criminal procedure
- suspicion
- clean antecedent
- Sections 310(2) B.N.S.
- Section 111(2) B.N.S.
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1446 of 2026
Arising Out of PS. Case No.-271 Year-2025 Thana- SALIMPUR District- Patna
======================================================
Rajesh Kumar Singh S/o Pushpendra Singh @ Pushpendra Kumar R/o
Village- Dedaur, P.O- Ghoswari, P.S- Bakhtiyarpur, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anand Kumar, Advocate.
For the Opposite Party/s : Mr. Rajendra Prasad Nat, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Salimpur P.S. Case No.271 of 2025 for the offences registered
under Sections 310(2) and 111(2) of the B.N.S., 2023.
3. As per the prosecution case, the informant who is
driver of CNG vehicle plying on Bihar-Bakhtiyarpur road has
stated that on 24.09.2025 near Bakhtiyarpur Railway Station,
three unknown persons reserved his vehicle for Karauta and in
that course three more unknown persons sat near Gandhi Hotel,
Champapur and all these six persons in the way of Karauta
snatched the key of his vehicle showing pistol and after beating
him fled away taking his CNG vehicle and mobile.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.1446 of 2026(3) dt.24-02-2026
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petitioner is innocent and has falsely been implicated in this case.
He further submits that no incriminating article has been
recovered from the conscious possession of petitioner. Learned
counsel submits that the name of petitioner is transpired in this
case only on the basis of suspicion due to being the friend of
arrested co-accused persons and the petitioner has not been put on
test identification parade. He further submits that similarly
situated co-accused namely Bittu Kumar has been granted regular
bail by the Co-ordinate Bench of this Court vide order dated
13.01.2026 passed in Cr. Misc. No.90262 of 2025. Learned
counsel submits that petitioner has got clean antecedent, he is in
custody since 01.10.2025 and he undertakes to co-operate in the
trial. He further submits that there is no chance of absconding the
petitioner or tampering with the evidence.
5. Learned counsel appearing on behalf of the State
opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the
parties, facts and circumstances of the case, nature of allegation
against the petitioner and the fact that he has got clean antecedent
as well as the period of custody already undergone by him, let the
petitioner, named above, be enlarged on bail upon furnishing bail
bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of learned A.C.J.M.-1 st,
Patna High Court CR. MISC. No.1446 of 2026(3) dt.24-02-2026
3/3
Barh/ concerned Court in connection with Salimpur P.S. Case
No.271 of 2025.
(Sunil Dutta Mishra, J)
Ritik/-
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