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Patna High Court

Rishu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs.10,000 and the conditions stipulated by the court.

Summary

The petitioner, Rishu Kumar, was arrested on 27 June 2024 in connection with a theft case (FIR dated 25 September 2023) under Sections 356 and 379 of the IPC. The FIR originally named the offender as "unknown" and the petitioner’s name was later recorded based solely on the confessional statement of a co‑accused, Munna Kumar. No material was recovered from the petitioner’s possession and the prosecution had not conducted any turn‑in‑possession (TIP) investigation. Although the petitioner has five other pending cases, he is already on bail in each of them. The court held that the lack of a direct FIR charge, absence of TIP, and the petitioner’s bail status in other matters warranted his release on bail, subject to a bond of Rs.10,000 and specific conditions regarding court attendance, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • The appropriateness of granting bail when the accused is not named in the FIR but identified through a co‑accused’s confessional statement.
  • Whether the existence of other pending cases, albeit with bail granted, should affect the bail application in the present case.
  • The adequacy of the conditions imposed on bail, including verification of criminal antecedents and consequences for non‑appearance or tampering with evidence.

Legislation cited

Subjects

  • bail
  • IPC
  • Section 356
  • Section 379
  • theft
  • confessional statement
  • co‑accused
  • turn‑in‑possession
  • criminal antecedent
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3384 of 2025
                    Arising Out of PS. Case No.-635 Year-2023 Thana- MOTIHARI TOWN District- East
                                                       Champaran
                 ======================================================
                 Rishu Kumar S/o Prabhu Prasad Gupta @ Prabhu Prasad R/o Village-
                 Dharmsamaj Chowk, P.S.- Town, District- East Champaran, Motihari

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sauravh Singh, Advocate
                 For the Opposite Party/s :      Mr.Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

6   16-03-2026                  Heard Mr.Sauravh Singh,             learned counsel for the

                   petitioner and Mr.Uma Shankar Prasad Singh, learned A.P.P.

                   for the State.

                                2. The petitioner seeks bail, who is in custody since

                   27.06.2024 in connection with Town P.S. Case No. 635 of

                   2023, F.I.R. dated 25.09.2023 registered for the offence

                   punishable under Sections 356 and 379 of IPC.

                                  3. The FIR of the occurrence of theft is against

                   unknown.

                                4. Learned counsel appearing for the petitioner

                   submits that it appears from the FIR that the FIR has been

                   instituted against unknown persons. The name of the petitioner

                   has been transpired during investigation on the basis of the
Patna High Court CR. MISC. No.3384 of 2025(6) dt.16-03-2026
                                            2/3




          confessional statement of co-accused person, namely, Munna

          Kumar @ Munna Singh which was recorded in paragraph-26 of

          the case diary. Nothing has been recovered from conscious

          possession of the petitioner and till date no TIP has been

          conducted by the prosecution and the petitioner has been

          remanded in the present case from Town P.S.Case No. 235 of

          2024 on 27.06.2024.

                       5. Learned APP for the State has vehemently opposed

          the prayer for bail of the petitioner and submits that the

          petitioner carries five more cases other than the present one but

          he fairly submits that the petitioner is on bail in all the cases, as

          mentioned in para-3 of the supplementary affidavit.

                       6. Considering the aforesaid fact, the petitioner is not

          named in the FIR, name of the petitioner has been transpired

          during investigation on the basis of the confessional statement

          of co-accused person and till date no TIP has been conducted by

          the prosecution as well as the period of custody,            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 learned C.J.M., East

          Champaran, Motihari in connection with Town P.S. Case No.

          635 of 2023, with the following conditions:-
               Patna High Court CR. MISC. No.3384 of 2025(6) dt.16-03-2026
                                                           3/3




                                      (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/her absence on two consecutive dates without sufficient

                         reason, his/her 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)
Nitesh/-

U          T


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