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Patna High Court

Rahul Kumar @ Babua DoneversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted as the petitioner was not named in the FIR and no material evidence was recovered, subject to prescribed conditions.

Summary

Rahul Kumar was arrested on 12 January 2026 in connection with a 2022 robbery and dacoity case (IPC sections 394/397) and an offence under Section 27 of the Arms Act. He was not named in the FIR; his name emerged only from a self‑confessional statement during investigation, and no material was recovered from his possession nor any TIP conducted. The petitioner sought bail, arguing the lack of direct evidence and that he was already on bail in four other cases. The State opposed bail, citing his confession and the seriousness of the offences. The High Court granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, presence in court, and non‑tampering with evidence, while allowing verification of his criminal antecedent.

Issues considered

  • Whether bail can be granted when the accused is not named in the FIR but identified through a self‑confessional statement.
  • Whether the absence of material evidence and TIP justifies bail in offences under IPC 394/397 and Arms Act Sec. 27.
  • Whether the accused's prior criminal antecedent and pending cases affect the grant of bail.

Legislation cited

Subjects

  • bail
  • self‑confession
  • FIR
  • robbery
  • dacoity
  • Arms Act
  • criminal antecedent
  • trial cooperation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38852 of 2026
                     Arising Out of PS. Case No.-35 Year-2022 Thana- MOTIPUR District- Muzaffarpur
                 ======================================================
                 Rahul Kumar @ Babua Done S/o Lakhindra Ray R/o Village- Bhawanidih,
                 P.S- Motipur ,District- Muzaffarpur
                                                                      ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Yugal Kishore, Advocate
                 For the Opposite Party/s :       Mr.Aditya Narayan Singh.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   22-06-2026                     Heard Mr.Yugal Kishore, learned counsel for the

                   petitioner and Mr.Aditya Narayan Singh.1, learned Additional

                   Public Prosecutor for the State.

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

                   12.01.2026 in connection with Motipur P.S. Case No. 35 of

                   2022, F.I.R. dated 27.01.2022 registered for the offence

                   punishable under Sections 394/397 of IPC and Section 27 of the

                   Arms Act.

                                3. The FIR of the occurrence of loot is against

                   unknown.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is not named in the FIR. The name of the petitioner

                   has been transpired during investigation on the basis of the self-

                   confessional statement of the petitioner and except the

                   aforesaid, nothing has come during investigation against the
Patna High Court CR. MISC. No.38852 of 2026(2) dt.22-06-2026
                                            2/3




          petitioner to suggest the involvement of the petitioner in the

          present occurrence and nothing has been recovered from

          conscious possession of the house of the petitioner and till date

          no TIP has been conducted by the prosecution and the police,

          after investigation, submitted the chargesheet against the

          petitioner and the petitioner is in custody since 12.01.2026.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail of the petitioner and submits that the

          petitioner has confessed his guilt in the present occurrence and

          apart from that, the petitioner carries four more cases other than

          the present one but fairly submits that the petitioner is on bail in

          all the cases, as mentioned in para-3 of the bail petition.

                       6. Considering the aforesaid facts, petitioner is not

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

          during investigation on the basis of the self-confessional

          statement of the petitioner and till date no TIP has been

          conducted by the prosecution, 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 Chief Judicial Magistrate, Muzaffarpur in

          connection with Motipur P.S. Case No. 35 of 2022, with the

          following conditions:-
               Patna High Court CR. MISC. No.38852 of 2026(2) dt.22-06-2026
                                                           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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