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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.15106 of 2026(2) dt.25-02-2026
                                            2/3




          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
             Patna High Court CR. MISC. No.15106 of 2026(2) dt.25-02-2026
                                                         3/3




                       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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