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Patna High Court

Rama Shankar @ Vaibhav KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Rama Shankar, was arrested in connection with a train robbery where the informant was shot and his cash bag stolen. The FIR named unknown miscreants; only one co-accused, Dharmveer, was apprehended and a call record showed a call between him and the petitioner, which the petitioner claims was made by someone else using his phone. No weapons or stolen cash were recovered from the petitioner, and the informant could not positively identify him. The petitioner has no prior criminal record and has been in judicial custody since November 2025. After hearing both sides, the High Court granted bail on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner under the Arms Act offences given the lack of direct identification and material evidence.

Legislation cited

  • Arms Act — s. 109, 118(2), 127(2), 27, 310(2), 311, 3(5), 61(2)

Subjects

  • bail
  • Arms Act
  • identification
  • call detail records
  • criminal antecedent
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27341 of 2026
                     Arising Out of PS. Case No.-61 Year-2025 Thana- BARH RAIL P.S. District- Patna
                 ======================================================
                 Rama Shankar @ Vaibhav Kumar S/o Uday Ram R/o Naya Tola,
                 Budhanichak, Sahri, P.S.- Barh, Dist- Patna-803214


                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arun Bharti, Advocate.
                 For the Opposite Party/s :       Mr. Mohammad Sufyan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   15-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   G.R.P. Barh P.S. Case No.61 of 2025 registered for the offence

                   punishable under Sections 310(2), 311, 109, 118(2), 127(2), 61(2),

                   3(5) & 27 of the Arms Act.

                                3. The case of the prosecution, in short, is that as the

                   informant was boarding the train, 4-5 persons came and tried to

                   snatch his bag containing cash. When the informant did not gave

                   the bag, they fired at him. The informant received gunshot injury

                   in his right thigh and in that instance, the accused persons took

                   away the bag and fled away.

                                4. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.27341 of 2026(2) dt.15-05-2026
                                            2/3




          has submitted that the FIR was lodged against unknown

          miscreants. Learned counsel for the petitioner has submitted that

          one co-accused namely, Dharmveer was apprehended and from

          his CDR, it was detected that petitioner had call with Dharmveer.

          Learned counsel for the petitioner has further submitted that the

          defence of the petitioner is that he has not called Dharmveer

          rather somebody else has used his mobile for calling Dharmveer.

          It has further been submitted that nothing has been recovered from

          the possession of the petitioner. He is only a worker at the shop of

          one Santosh. It has also been submitted that in this case, T.I.P was

          conducted but the informant has failed to identify the petitioner. It

          has further been submitted that Santosh has been granted bail by

          this Court vide Cr. Misc. No. 13566 of 2026 and 13173 of 2026.

          Learned counsel for the petitioner has further submitted that the

          petitioner is having no criminal antecedent and he is in judicial

          custody since 07.11.2025.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of
           Patna High Court CR. MISC. No.27341 of 2026(2) dt.15-05-2026
                                                       3/3




                     the like amount each to the satisfaction of the court of learned

                     Railway Judicial Magistrate, Patna in connection with G.R.P. Barh

                     P.S. Case No.61 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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