Patna High Court
Raja Kumar Singh @ Raja @ RajuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court held that the petitioner is entitled to bail as his name was not mentioned in the FIR and there is no material evidence against him.
Summary
Raja Kumar Singh was arrested in connection with a theft of approximately 500 LPG cylinders, alleged under IPC sections 461 and 379 and corresponding sections of the Bihar Non‑Commercial Sale Act. The petitioner contended that he was not named in the FIR and was implicated only through the confessional statement of co‑accused Md. Islam Ansari, with no material recovered from his possession and a 20‑day delay in filing the FIR. The State opposed regular bail, but the court noted the lack of direct evidence, the procedural delay, and the fact that a charge‑sheet had already been filed. Consequently, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order effectively disposed of the petition.
Issues considered
- Whether bail should be granted when the petitioner is not named in the FIR but implicated via a co‑accused's confession.
- Whether the delay in filing the FIR and absence of material evidence justify granting bail.
- Whether the filing of a charge‑sheet precludes the grant of bail.
Legislation cited
- Indian Penal Code — s. 379, 461
Subjects
- bail
- theft
- robbery
- FIR
- confessional statement
- delay
- charge sheet
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.471 of 2026
Arising Out of PS. Case No.-194 Year-2024 Thana- BIBHUTIPUR District- Samastipur
======================================================
Raja Kumar Singh @ Raja @ Raju S/O Late Hemant Prasad Singh Resident
of Village- Belamegh Chachur, PS- Ujiyarpur, Distt- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kundan Kumar, Adv
For the Opposite Party/s : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is in custody in connection with
Bibhutipur P.S Case No. 194 of 2024 registered for the offences
punishable under Sections 461 and 379 of the Indian Penal Code
corresponding section 334(1) and 303(2) of the BNS
3. As per allegation in the FIR, petitioner is alleged to
have committed theft is LPG Cylinder Godam in which approx
500 cylinder with various articles went missing.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. He next
submits that petitioner is not named in the FIR rather his name
has been figured from the confessional statement of the co-
accused namely Md. Islam Ansari. He further submits that
Patna High Court CR. MISC. No.471 of 2026(2) dt.15-01-2026
2/2
nothing has been recovered from the conscious possession of
the petitioner. He further submits that there is delay of approx
20 days is lodging the FIR. He further submits that charge-sheet
has already been submitted. It is also submitted that petitioner is
in judicial custody since 16.09.2024 having three antecedent.
5. However, learned APP for the State oppose the
prayer for regular bail of the petitioner.
6. On perusal of the FIR and impugned order dated
14.05.2025, it appears that petitioner is not named in the FIR
rather his name has been figured from the confessional
statement of the co-accused namely Md. Islam Ansari and
charge-sheet has already been submitted. So, considering the
aforesaid facts and circumstances of the case and submissions
made on behalf of the learned counsel for the petitioner, let the
above named petitioner be released on bail on furnishing bail
bonds of Rs. 10,000/- (Ten thousand) with two sureties of the
like amount each to the satisfaction of learned SDJM Rosera,
Samastipur in connection with Bibhutipur P.S Case No. 194 of
2024.
(Ramesh Chand Malviya, J)
Sunnykr/-
U
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