Patna High Court
Rahul Kumar @ Babua DoneversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 27
- Indian Penal Code — s. 394, 397
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
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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
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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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