Patna High Court
Rahul Kumar @ Ramesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The petitioner is entitled to bail.
Summary
The petitioner, Rahul Kumar, was implicated in a theft case (Nadi P.S. Case No. 390 of 2024) under Sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita, 2023, based on confessional statements of other co‑accused. No stolen articles or any incriminating material were recovered from him, and he has a clean antecedent. The State opposed bail, but the court noted the absence of physical evidence, the possibility of false accusation, and the petitioner’s clean record. Applying Section 482(2) of the BNSS, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions. The bail order also required the petitioner’s presence in court as required.
Issues considered
- Whether the petitioner is entitled to bail under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 in view of the allegations and lack of material evidence.
- Whether a confession of co‑accused can alone justify arrest and denial of bail absent recovered incriminating articles.
- Whether the petitioner’s clean antecedent warrants the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 317(2), 482(2)
Subjects
- bail
- theft
- false accusation
- clean antecedent
- Section 482
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16408 of 2026
Arising Out of PS. Case No.-390 Year-2024 Thana- NADI P.S. District- Patna
======================================================
Rahul Kumar @ Ramesh Kumar S/o Shivjee Prasad R/o Village - Sabalpur,
Gulmahiyachak, P.S - Nadi, District – Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
02. In the present case, the petitioner is apprehending
his arrest in connection with Nadi P.S. Case No. 390 of 2024
registered for the alleged offence under Sections 303(2), 317(2)
of Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, co-accused Dilip Kumar
was apprehended with stolen articles which was being carried in
a carrier tempo. During investigation, the name of the petitioner
surfaced for also being involved in the alleged theft.
04. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case. The apprehended co-accused did not disclose the name of
this petitioner rather his name came up in this case on the basis
Patna High Court CR. MISC. No.16408 of 2026(2) dt.06-04-2026
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of confessional statement of co-accused Ranjan Kumar and
Sonu Kumar, who were apprehended in some other case.
Nothing incriminating has been recovered from person or
possession of this petitioner. The petitioner is not the owner of
the tempo and no FIR has been lodged by any person regarding
stolen article. Therefore, the alleged prosecution story appears
to be concocted . The petitioner is having clean antecedent.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
fact that no recovery of any incriminating article has been
shown from the petitioner and also considering the clean
antecedent of the petitioner and further considering the
possibility of false accusation, let the petitioner above named, in
the event of his arrest or surrender before the court concerned
within a period of eight weeks from today, be released on bail,
on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate 1st Class, Patna
City/court concerned in connection with Nadi P.S. Case No. 390
of 2024, subject to the condition laid down under Section 482(2)
Patna High Court CR. MISC. No.16408 of 2026(2) dt.06-04-2026
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of BNSS and other following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each
and every date fixed by the court below, if so
required by the learned trial court.
(Arun Kumar Jha, J)
Ashish/-
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