Patna High Court
Rupesh Kumar @ Azad kumar @ Kumar Rupesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to conditions.
Summary
The petitioner, Rupesh Kumar, was arrested for allegedly snatching a golden chain from an informant on a train and charged under Sections 304(2), 62 and 317(4) of the Bharatiya Nyaya Sanhita, 2023. He contended that he was falsely implicated, that no incriminating material was found in his possession, and that the case was based solely on suspicion and an illegal demand by the informant. The State opposed bail, citing the seriousness of the offences and the petitioner’s nine prior criminal antecedents, albeit all on bail. The Court examined the length of custodial detention since August 2025 and the lack of substantive evidence, and decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and on compliance with standard bail conditions. The order directed the petitioner to appear at every trial date and prohibited tampering with evidence or witnesses.
Issues considered
- Whether bail should be granted in a case involving offences under Sections 304(2), 62 and 317(4) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the petitioner’s arrest on the basis of suspicion and lack of incriminating material justifies denial of bail.
- Whether the petitioner’s prior criminal antecedents affect his eligibility for bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 304(2), 317(4), 62
Subjects
- bail
- criminal procedure
- theft
- suspicion
- false implication
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5288 of 2026
Arising Out of PS. Case No.-80 Year-2025 Thana- JAMALPUR RAIL P.S. District-
Lakhisarai
======================================================
Rupesh Kumar @ Azad kumar @ Kumar Rupesh Kumar Son of Late Manoj
Mandal R/o Village/Muhalla - Paria, P.S - Bariarpur, District - Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjiv Kumar Singh, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Jamalpur G.R.P. P.S. Case No. 80 of 2025, instituted for the
offences punishable under Sections 304(2), 62 and 317(4) of the
Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that the petitioner
along with other co-accused person has snatched a golden chain
from the neck of the informant in a train and was arrested by the
police while chasing.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.5288 of 2026(2) dt.03-02-2026
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present case. No incriminating material has been recovered from
the conscious possession of the petitioner. Learned counsel for
the petitioner also submitted that the petitioner has been arrested
only on the basis of suspicion. It is further submitted that due to
non-fulfillment of illegal demand made by the informant, the
petitioner has been falsely implicated in this case. The petitioner
is in custody since 01.08.2025 and has got nine criminal
antecedents in which he is on bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Jamalpur G.R.P. P.S. Case No. 80 of
2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
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(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the prosecution will have liberty to move for
cancellation of bail.
(III) The petitioner will not tamper with the evidence
or with the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
If any of the above conditions are violated, the
prosecution will have liberty to file appropriate application for
cancellation of bail of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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