Rupesh KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28072 of 2026
                        Arising Out of PS. Case No.-235 Year-2025 Thana- JALE District- Darbhanga
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                 Rupesh Kumar S/o Ram Babu Bhagat Resident of Village - Raypur, Police
                 Station - Nanpur and District - Sitamarhi.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Nilendu Kumar Choudhary, Advocate
                 For the Opposite Party/s :        Mr. Parmanand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   22-04-2026                      Heard Mr. Nilendu Kumar Choudhary,                       learned

                   counsel for the petitioner as well as Mr. Parmanand Kumar,

                   learned Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   21.12.2025 in connection with Jale P.S. Case No. 235/2025,

                   F.I.R. dated 05.12.2025 for the offences punishable under

                   Sections 331(4) and 305 of the Bharatiya Nyay Sanhita, 2023.

                               3.     The F.I.R. of the occurrence of loot is against

                   unknown.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. From bare perusal of the FIR it appears that the

                   petitioner is not named in the FIR, the name of the petitioner has

                   transpired during investigation on the basis of self-confessional
Patna High Court CR. MISC. No.28072 of 2026(2) dt.22-04-2026
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          statement of the petitioner. Although, prosecution has claimed

          that recovery has been made from the house of the petitioner but

          learned counsel submits that description of the theft articles and

          recovered articles from the house of the petitioner is different.

          He further submits that the co-accused person, namely, Santosh

          Patel has been granted bail by this Hon’ble Court vide order

          dated 15.04.2026 passed in Cr. Misc. No. 24243/2026. He

          further submits that the police after investigation submitted the

          charge sheet against the petitioner                  and the petitioner is in

          custody since 21.12.2025.

                      5. The learned Additional Public Prosecutor have

          vehemently opposed the prayer for bail of the petitioner on the

          ground that petitioner carries two criminal antecedents other

          than the present one but fairly submits on the basis of

          paragraph-3 of the bail application that the petitioner is on bail

          in the said matters.

                       6. Considering the aforesaid facts and circumstances,

          the co-accused person, namely, Santosh Patel has been granted

          bail by this Hon’ble 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 Additional Chief Judicial Magistrate-
             Patna High Court CR. MISC. No.28072 of 2026(2) dt.22-04-2026
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                       I, Darbhanga in connection with Jale P.S. Case No. 235/2025,

                       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)
atul/-

U        T