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Patna High Court

Rahul Kumar @ Maindi @ Golu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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