Patna High Court
Rajesh Kumar @ Rajesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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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