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Patna High Court

Rajan KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied bail to the petitioner, finding that the circumstances warranted continued detention.

Summary

Rajan Kumar was arrested in connection with a robbery in which eight accused on three motorcycles allegedly stopped a vehicle, threatened the driver with a gun and stole a bag containing Rs.6,31,000. The FIR was initially filed against unknown persons, but during investigation the petitioner was identified from CCTV footage and arrested along with co‑accused Rahmat and Rafique. The petitioner, who has a prior case and has been in custody since 1 December 2025, sought regular bail for offences under Sections 310(2), 126(2), 317(2), 61(2) of the BNS and Sections 25(1‑b)a, 26 and 35 of the Arms Act. The prosecution opposed bail, emphasizing the seriousness of the road‑robbery, the recovery of the stolen money, weapons and motorcycles, and the risk of tampering with evidence. The Court, after hearing both sides, found the circumstances warranted continued detention and rejected the bail application.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the robbery and arms offences.
  • Whether the evidence, including CCTV identification and recovery of stolen property, justifies denial of bail.

Legislation cited

  • Arms Act — s. 25(1-b)a, 26, 35
  • Bihar Negotiable Instruments (or relevant Bihar statute) (BNS) — s. 126(2), 310(2), 317(2), 61(2)

Subjects

  • bail
  • robbery
  • arms offences
  • cctv evidence
  • criminal procedure
  • detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24295 of 2026
                  Arising Out of PS. Case No.-117 Year-2025 Thana- MAHESHKHUNT District- Khagaria
                 ======================================================
                 Rajan Kumar Son of Ajay Yadav Resident of Village and P.O.- Usari, P.S.-
                 Gogri, District - Khagaria.
                                                                         ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Piyush Saurav, Advocate
                 For the Opposite Party/s :     Ms. Pushpa Sinha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-05-2026                  1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel appearing on behalf of

                   the informant.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 310(2), 126(2), 317(2) and

                   61(2) of the BNS as well as Sections 25(1-b)a, 26 and 35 of the

                   Arms Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and is in custody since

                   01.12.2025 and the informant alleges that eight accused persons

                   on three motorcycles came and stopped the Toto and, on point

                   of gun, snatched his bag containing Rs.6,31,000/-.

                                4. Learned counsel for the petitioner submits that FIR

                   was against unknown and name of the petitioner transpired

                   during the course of investigation. It is further submitted that
Patna High Court CR. MISC. No.24295 of 2026(2) dt.12-05-2026
                                            2/3




          during investigation, the Investigating Officer of the case claims

          to have investigated the CCTV footage in which petitioner along

          with other accused was identified based on which Rahmat,

          Rafique and petitioner were arrested. It is next submitted that

          based on disclosure of Rahmat, arms, cartridges along with the

          looted blue bag was recovered. Further, based on the disclosure

          of Rafique and petitioner, blue and black Splendor Motorcycle

          used in the crime were recovered.

                       5. Learned counsel for the petitioner submits that

          petitioner is not the owner of the seized vehicle and it was

          Rahmat along with others who were involved in the occurrence

          and it was based on the disclosure made by Rahmat, the

          snatched bag was recovered. It is further submitted that

          informant in the FIR alleges that he can identify the accused

          persons but then the petitioner was not put on TIP. It is next

          submitted that charges against the petitioner stand framed.

                       6. Learned Additional Public Prosecutor for the State

          and learned counsel appearing on behalf of the informant

          opposed the prayer for regular bail of the petitioner and submits

          that it is a case of road robbery which has become rampant in

          the State of Bihar and based on the CCTV footage, the case was

          investigated and thereafter accused were apprehended and based
           Patna High Court CR. MISC. No.24295 of 2026(2) dt.12-05-2026
                                                       3/3




                     on their disclosure, several articles involved in the occurrence

                     were recovered including the motorcycle and the blue bag

                     containing Rs.6,31,000/-.

                                  7. After hearing the learned counsel for the parties,

                     the Court is not inclined to release the petitioner on bail in

                     connection with Maheshkhunt P.S. Case No. 117 of 2025

                     pending in the Court of learned Sub-Divisional Judicial

                     Magistrate, Khagaria/Successor Court.

                                  8. Hence, the prayer for bail is rejected.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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