Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, subject to specified conditions.
Summary
Rahul Kumar was arrested in connection with a robbery at a gas agency and charged under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s case is based on a police self‑confession and the alleged use of a motorcycle owned by the petitioner’s father, with no material recovered from the petitioner’s possession. The petitioner contended that he was not named in the FIR, the self‑confession lacks evidentiary value, and that a co‑accused had already been granted bail. The State opposed bail, citing the petitioner’s four prior criminal antecedents. Considering the lack of direct evidence, the period of custody already served, and the precedent of bail to the co‑accused, the Court granted bail subject to monetary surety and conditions regarding appearance, non‑tampering with evidence, and non‑commission of similar offences.
Issues considered
- Whether the petitioner is entitled to bail under Section 309(4) of the Bharatiya Nyaya Sanhita given the circumstances of the case.
- Whether a self‑confession without corroboration can constitute sufficient basis for denial of bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4)
Subjects
- bail
- Section 309(4)
- self‑confession
- evidentiary value
- prior antecedents
- motorcycle ownership
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15106 of 2026
Arising Out of PS. Case No.-310 Year-2024 Thana- PIPRAKOTHI District- East Champaran
======================================================
Rahul Kumar S/o- Shiv Shankar Sahni @ Saral Sahni @ Sri Shankar Sahni
Resident of village- Bhatahan Bhataha PS- Muffasil Motihari District- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shanti Bhushan Singh, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with Pipra
Kothi P.S. Case No. 310 of 2024, instituted for the offences
punishable under Section 309(4) of the Bharatiya Nyaya
Sanhita, 2023.
3. The prosecution case, in short, is that while the
informant was discharging his duty in his gas agency, in the
meantime, three unknown miscreants came on a motorcycle and
on the point of weapon looted Rs. 27,000/- and mobile phones
and fled away from the spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
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present case. No incriminating material has been recovered from
the conscious possession of the petitioner. Learned counsel for
the petitioner also submitted that the petitioner is not named in
the FIR. Name of the petitioner has transpired in this case on the
basis of self-confession made before the police and the same has
got no evidentiary value. It is next submitted that father of the
petitioner is registered owner of the motorcycle in question and
the same has been taken by co-accused Govind Sahni on the
alleged date of occurrence. The petitioner is in custody since
28.05.2025 and has got four criminal antecedents in which he is
on bail. Learned counsel for the petitioner further submits that
other co-accused has been granted regular bail by this Court
vide order dated 10.09.2025 passed in Cr. Misc. No. 63709 of
2025.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
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sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Pipra Kothi P.S. Case
No. 310 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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