Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with specified conditions.
Summary
The petitioner, Rahul Kumar, was arrested on 10 February 2025 in connection with a case registered under Section 309(4) of the BNS, although the FIR was originally filed against unknown persons. The investigation identified him based on suspicion and a co-accused's confessional statement, but no material was recovered from his house and no TIP was conducted. The petitioner, who has five other pending criminal cases, sought bail, arguing the lack of direct evidence and prolonged custody. The State opposed bail, citing the petitioner’s criminal antecedents and pending matters. The court, noting the absence of concrete evidence, the FIR’s nature, and the duration of detention, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding trial cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to a petitioner detained for an offence under Section 309(4) of the BNS when the FIR is against unknown persons and the only basis for accusation is a co‑accused’s confession.
- Whether the petitioner’s pending criminal cases and alleged criminal antecedents justify denial of bail.
Legislation cited
- BNS — s. 309(4)
Subjects
- bail
- criminal procedure
- Section 309(4) BNS
- FIR against unknown persons
- confessional statement
- pending criminal cases
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5798 of 2026
Arising Out of PS. Case No.-346 Year-2024 Thana- BIBHUTIPUR District- Samastipur
======================================================
Rahul Kumar Son of Binod Mahto R/O Village- Gangauli, PS- Bibhutipur,
Distt- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md. Hussamuddin Azad, Advocate
For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 18-04-2026 Heard Mr.Md. Hussamuddin Azad, learned counsel
for the petitioner and Mr.Bhanu Pratap Singh, learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
10.02.2025 in connection with Bibhutipur P.S. Case No. 346 of
2024, F.I.R. dated 11.10.2024 registered for the offence
punishable under Section 309(4) of BNS.
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 FIR has been instituted
against unknown persons. The name of the petitioner has been
transpired during investigation on the basis of suspicion as well
as confessional statement of co-accused person, namely, Sajan
Patna High Court CR. MISC. No.5798 of 2026(4) dt.18-04-2026
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Kumar and nothing has been recovered from the house of the
petitioner and till date no TIP has been conducted by the
prosecution and the police, after investigation, submitted
chargesheet against the petitioner and the petitioner is in custody
since 10.02.2025.
5. Learned A.P.P. 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, out
of five cases, the petitioner is on bail in one case and rest four
cases are pending for consideration before the competent court
of law, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts 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
SDJM, Rosera, Samastipur in connection with Bibhutipur P.S.
Case No. 346 of 2024, with the following conditions:-
(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.
Patna High Court CR. MISC. No.5798 of 2026(4) dt.18-04-2026
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(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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