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Patna High Court

Robin Kumar @ Rabindra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on the basis of clean antecedent, lack of direct FIR mention, and precedent of bail to co‑accused.

Summary

Robin Kumar was arrested in connection with a robbery under Section 392 of the IPC, alleged to have been part of a gang that looted Rs. 4.5 lakh, a mobile phone and a motorcycle at gunpoint. He has been in custody since 27‑12‑2025 and contends that he was falsely implicated, noting that his name does not appear in the FIR and that the only evidence against him is a confessional statement of a co‑accused. The prosecution has not produced any other material or conducted a T.I.P. The petitioner has a clean antecedent and two similarly situated co‑accused have previously been granted bail by the same court. The court considered these circumstances and, applying the principles of bail jurisprudence, ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions of cooperation, presence, and non‑tampering with evidence. The bail order was pronounced by Justice Rajesh Kumar Verma.

Issues considered

  • Whether bail should be granted to an accused under Section 392 IPC when the FIR does not name him and the only incriminating material is a co‑accused's confessional statement.
  • Whether the absence of a T.I.P. and the grant of bail to similarly situated co‑accused affect the bail decision.

Legislation cited

Subjects

  • bail
  • robbery
  • Section 392 IPC
  • false implication
  • clean antecedent
  • co‑accused
  • T.I.P.
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16804 of 2026
                      Arising Out of PS. Case No.-47 Year-2024 Thana- BELDOUR District- Khagaria
                 ======================================================
                 Robin Kumar @ Rabindra Kumar S/o Naresh Singh R/O Village - Bhakhna
                 Basa, P.S- Alamnagar,Dist- Madhepura, Bihar
                                                                       ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Seema Kumari, Advocate
                 For the Opposite Party/s :       Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-03-2026                      Heard Ms. Seema Kumari, learned counsel for the

                   petitioner and Mr. Bhanu Pratap Singh, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   27.012.2025 in connection with Beldaur P.S. Case No. 47 of

                   2024, F.I.R. dated 20.02.2024 for the offences punishable under

                   Section 392 of the IPC.

                               3.    According to prosecution case, three unknown

                   miscreants have looted Rs. 4.5 lakhs, mobile phone and

                   motorcycle from the informant on the gun point and fled away.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. She further submits that the

                   petitioner is not named in the F.I.R and his name has been

                   transpired during investigation on the basis of the confessional
Patna High Court CR. MISC. No.16804 of 2026(2) dt.17-03-2026
                                            2/3




          statement of the co-accused, namely, Mukesh Kumar and except

          the confessional statement, no other material has come during

          investigation which suggest the involvement of the petitioner in

          the present occurrence. Till date no T.I.P has been conducted by

          the prosecution. She further submits that similarly situated, co-

          accused, namely, Mukesh Kumar who was apprehended and

          who has disclosed the name of the petitioner has been granted

          bail by a co-ordinate Bench of this Court vide order dated

          12.08.2024 passed in Cr. Misc. No. 51324 of 2024 and another

          co-accused, namely Viplav Kumar has also been granted bail by

          a Co-ordinate Bench of this Court vide order dated 17.06.2025

          passed in Cr. Misc. No. 17679 of 2025. The petitioner is in

          custody since 27.12.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          that the petitioner has clean antecedent, he is not named in the

          F.I.R and similarly situated co-accused persons have been

          granted bail by a Co-ordinate Bench of this Court, 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 satisfaction of the learned Judicial
            Patna High Court CR. MISC. No.16804 of 2026(2) dt.17-03-2026
                                                        3/3




                      Magistrate 1st Class, Khagaria in connection with Beldaur P.S.

                      Case No. 47 of 2024, 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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