Patna High Court

Randhir KumarversusThe State of Bihar

Decided: 6 February 2026
Disposal: BAIL GRANTED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner, directing release on a bond of Rs 10,000 with two sureties and conditions of cooperation and weekly police‑station attendance.

Summary

Randhir Kumar was arrested in connection with a dacoity and robbery (IPC §§395, 397) alleged to have been committed by unknown miscreants who broke into an informant's house. The prosecution’s case rests solely on the confessional statement of a co‑accused, with no material recovered from the petitioner. The petitioner contended that he was falsely implicated, that the FIR named only unknown persons, and that a similarly situated co‑accused had already been granted bail. He had been in judicial custody since 20 June 2025 and sought regular bail. The court, after considering the lack of direct evidence and the petitioner’s prolonged detention, ordered his release on bail upon furnishing a Rs 10,000 bond with two sureties and compliance with reporting conditions.

Issues considered

Whether regular bail can be granted in offences punishable under IPC §§395 and 397 when the only evidence against the accused is a co‑accused’s confessional statement.
Whether the petitioner’s prolonged pre‑trial detention warrants bail despite the seriousness of the offences.

Legislation cited

Indian Penal Code — s. 395, 397

Subjects

bail
dacoity
robbery
confessional statement
co‑accused
regular bail
IPC
pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6445 of 2026
                        Arising Out of PS. Case No.-113 Year-2024 Thana- JALE District- Darbhanga
                 ======================================================
                 Randhir Kumar Son of Ram Sakal Ray R/o Village- Rikhaulli, P.S.- Dumra,
                 District- Sitamarhi                                    ... ... Petitioner/s
                                               Versus
                 The State of Bihar                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Virendra Kumar, Advocate
                 For the Opposite Party/s :        Mr.Nawal Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   06-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 395 and

                   397 of the Indian Penal Code.

                                3. The case of the prosecution is that seven unknown

                   miscreants had entered in the house of the informant and they

                   had made firing and took away the valuable from his house.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that the

                   First Information Report (FIR) was lodged against unknown

                   miscreants. During the course of investigation, name of the

                   petitioner has surfaced only on the basis of the confessional

                   statement of co-accused. Nothing has been recovered from the

                   conscious possession of this petitioner. It is further submitted

                   that save and except the confessional statement of co-accused,
            Patna High Court CR. MISC. No.6445 of 2026(2) dt.06-02-2026
                                                        2/2




                      nothing has come against the petitioner to implicate him. It is

                      contended that similar situated co-accused, namely, Ali Imam

                      Nadaf @ Md. Aliman Bhalhi has been extended the privilege of

                      bail vide order dated 17.12.2025 passed in Cr. Misc. No. 85692

                      of 2025. Moreover, the petitioner is languishing in judicial

                      custody since 20.06.2025.

                                   5. Learned APP appearing for the State has opposed

                      the prayer of regular bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Jale P.S. Case No. 113 of 2024 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      ACJM, Darbhanga, subject to the condition that the petitioner

                      shall cooperate in the trial and shall mark his attendance at

                      concerned police station weekly, failing which the learned

                      Magistrate will be at liberty to pass appropriate orders.


                                             (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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