Patna High Court
Rahul Kumar @ Maindi @ Golu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Rahul Kumar was arrested on 21 May 2025 in connection with a theft case (PS Case No. 408 of 2025) and charged under Sections 303(2), 112, 317(2), 317(4) and 317(5) of the BNS, 2023. The prosecution alleged that he was found with a stolen scooty and two master keys used in the theft, while the petitioner contended that the items were recovered from the roadside and that the seizure violated Sections 103 and 105 of the BNSS, 2023. He further argued that he was implicated merely on suspicion and that the charge sheet was filed without proper compliance. The State opposed bail, citing seven prior criminal antecedents, six of which were already on bail. The High Court, after considering the custody period, alleged procedural lapses, and the petitioner’s antecedents, granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and alleged procedural violations in the seizure.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- BNS, 2023 — s. 112, 303(2), 317(2), 317(4), 317(5)
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- criminal procedure
- seizure
- sections 103/105
- criminal antecedents
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16720 of 2026
Arising Out of PS. Case No.-408 Year-2025 Thana- AGAMKUAN District- Patna
======================================================
Rahul Kumar @ Maindi @ Golu Kumar Son of Late Janardhan Prasad
Resident of Mohalla- Kumhrar, Gowal Toli, Pucca Math, P.S.- Agam Kuan,
District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Md. Musowir, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-03-2026 Heard Md. Musowir, learned counsel for the
petitioner and Mr. Lalan Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
21.05.2025 in connection with Agam Kuan P.S. Case No. 408 of
2025, F.I.R. dated 20.05.2025 for the offences punishable under
Sections 303(2), 112, 317(2), 317(4) and 317(5) of the BNS,
2023.
3. According to prosecution case, this petitioner was
apprehended by the police along with one scooty which was
stolen one and two master keys were also recovered from his
possession which he used to commit theft.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.16720 of 2026(2) dt.16-03-2026
2/3
present case. He further submits that the petitioner was
apprehended along with the looted scooty and in fact, nothing
has been recovered from the conscious possession of the
petitioner rather recovery has been made from the road side. He
further submits that the petitioner has been made accused in the
present case merely on the basis of suspicion. From perusal of
the seizure list it appears that there is non-compliance of Section
103/105 of the BNSS, 2023 and the police personnel/home
guard personnel were seizure witnesses in the present case. He
further submits that the police after investigation submitted the
charge sheet against the petitioner. The petitioner is in custody
since 21.05.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries seven criminal antecedents other
than the present one but fairly submits that he is on bail in six
cases out of seven and one case is pending for consideration
before the competent court of law.
6. Considering the aforesaid facts and circumstances
as well as period of custody, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.16720 of 2026(2) dt.16-03-2026
3/3
satisfaction of the learned Additional Chief Judicial Magistrate-
IV, Patnacity, Patna in connection with Agam Kuan P.S. Case
No. 408 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
Checking your session…