Patna High Court
Rishu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Indian Penal Code — s. 356, 379
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
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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
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(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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