Patna High Court
Rakesh Kumar @ DhannaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to monetary bond and compliance with specified conditions.
Summary
The petitioner, Rakesh Kumar, sought bail in a case (Kadwa P.S. Case No. 172 of 2023) involving alleged offences under Sections 461, 379, 411 and 34 of the Indian Penal Code, wherein the prosecution alleged that he participated in a night-time robbery of a shop. The petitioner contended that he was falsely implicated, was not named in the FIR, and that no incriminating material or stolen articles were recovered from his possession, despite having six prior criminal antecedents and being in custody since 18‑07‑2025. The State opposed the bail application, emphasizing the seriousness of the charges and the petitioner’s antecedents. After considering the facts, the court found that the petitioner’s continued detention was not justified and that bail could be granted with appropriate safeguards. Accordingly, the court ordered his release on bail upon furnishing a bond of Rs. 15,000 with two sureties, subject to conditions including family surety and mandatory appearance in court.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences under Sections 461, 379, 411 and 34 IPC.
- Whether the petitioner’s alleged non‑inclusion in the FIR and lack of recovered stolen property justify bail.
- Whether the petitioner’s six prior criminal antecedents preclude the grant of bail.
Legislation cited
- Indian Penal Code — s. 34, 379, 411, 461
Subjects
- bail
- Indian Penal Code
- theft
- robbery
- criminal antecedents
- high court
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3077 of 2026
Arising Out of PS. Case No.-172 Year-2023 Thana- KADWA District- Katihar
======================================================
Rakesh Kumar @ Dhanna S/o Sita Ram Yadav Resident of Village -
Kanhariya, P.S - Dagruwa, District - Purnia
... ... Petitioner/s
Versus
1. The State of Bihar
2. Prakash Kumar Mehata S/o Brahamdev Mehata R/o Village -
Mohammadpur Ward No. 8, P.S - Kadwa, District - Katihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satya Narayan Yadav, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 17-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Kadwa P.S. Case No.
172 of 2023, instituted for the offences punishable under
Sections 461, 379, 411/34 of the Indian Penal Code.
3. The prosecution case, in short, is that, miscreants
looted laptop, fan, torch, mobile phone and cash of Rs. 15,000/-
the shop of the informant at night.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.3077 of 2026(2) dt.17-01-2026
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present case. Charge-sheet has been submitted in this case. No
incriminating material has been recovered from the conscious
possession of the petitioner. Learned counsel for the petitioner
submits that the petitioner is not named in the F.I.R. Name of
the petitioner has transpired in this case during investigation. No
stolen articles have been recovered from the possession of the
petitioner. The petitioner is in custody since 18.07.2025 and has
got six criminal antecedents.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Kadwa P.S. Case No. 172 of 2023,
subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
Patna High Court CR. MISC. No.3077 of 2026(2) dt.17-01-2026
3/3
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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