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Patna High Court

Rajesh Kumar @ Rajesh Kumar YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner with specified conditions.

Summary

The petitioner, Rajesh Kumar Yadav, was arrested in connection with a bike robbery alleged under Section 309(4) of the BNS, based on a confessional statement by another accused, Santosh Das. No material was recovered from the petitioner, and he has been in custody since 10 November 2025. The State opposed regular bail, citing the petitioner’s ten prior criminal cases. The court, after hearing both sides, considered the lack of direct evidence against the petitioner and the conditions of the case. It granted regular bail on the condition that the petitioner attend the Triveniganj police station and cooperate with the trial, requiring a bail bond of Rs.10,000 with two sureties. The order releases the petitioner pending trial.

Issues considered

  • Whether the petitioner is entitled to regular bail under Section 309(4) of the BNS despite prior criminal antecedents and the circumstances of the alleged offence.

Legislation cited

  • BNS — s. 309(4)

Subjects

  • regular bail
  • Section 309(4)
  • BNS
  • criminal antecedent
  • confessional statement
  • surety
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6793 of 2026
                      Arising Out of PS. Case No.-76 Year-2025 Thana- KISHANPUR District- Supaul
                 ======================================================
                 Rajesh Kumar @ Rajesh Kumar Yadav Son of Shanichar Yadav Resident of
                 village - (Dahipauri) Rambishunpur, Ward No.- 6, P.S.- Raghopur, District -
                 Supaul

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prafull Chandra Thakur, Advocate
                 For the Opposite Party/s :       Mr. Aditya Narayan Singh.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   10-02-2026                  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 Section 309(4) of the

                   BNS.

                                3. The case of the prosecution, in short, is that as the

                   informant was returning on his bike to Singyawan, it is alleged

                   that certain miscreants intercepted him and on gunpoint took

                   away his bike and mobile.

                                4. Learned counsel for the petitioner submits that the

                   FIR was lodged against unknown miscreants. During course of

                   investigation one Santosh Das has given his confessional

                   statement, name of this petitioner has surfaced in the
            Patna High Court CR. MISC. No.6793 of 2026(2) dt.10-02-2026
                                                        2/2




                      confessional statement of Santosh Das. As far as recovery is

                      concerned, it has been submitted that the mobile was recovered

                      from possession of Santosh Das. Nothing has been recovered

                      from the possession of this petitioner. Learned counsel for the

                      petitioner has submitted that the petitioner is in custody since

                      10.11.2025.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail and has

                      submitted that the petitioner is having criminal antecedent of ten

                      cases.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail with the condition that

                      the petitioner shall mark his attendance in Triveniganj P.S. and

                      shall co-operate in the trial. The above named petitioner is

                      directed to be released on bail in connection with Kishanpur P.S.

                      Case No. 76 of 2025 on furnishing bail bond of Rs.10,000/- (ten

                      thousand) with two sureties of the like amount each to the

                      satisfaction of learned C.J.M., Supaul.



                                             (Ashok Kumar Pandey, J)
durgesh/-

U      T


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