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Patna High Court

Ram Bhola Kumar @ Bhola Ram KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that no prima facie evidence links the petitioner to the alleged offences and consequently granted bail.

Summary

Ram Bhola Kumar petitioned for bail in a robbery case registered under Section 309 of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. He was not named in the FIR and has been in custody since 7 July 2025. The sole allegation against him stems from a confessional statement of co‑accused Raju Kumar, with no material evidence recovered. The co‑accused had already been granted bail and the charge‑sheet had been filed, indicating the investigation was complete. The court found no prima facie case linking the petitioner to the offences and, subject to conditions under CrPC 437(3) and BNSS 480(3), ordered his release on bail with a bond of Rs 10,000 and two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite the lack of direct evidence and reliance on a co‑accused's confessional statement.
  • Whether there is prima facie evidence connecting the petitioner to the offences under Section 309 B.N.S. and Section 27 Arms Act.
  • Whether the statutory conditions for bail under CrPC Section 437(3) and BNSS Section 480(3) are satisfied.

Legislation cited

Subjects

  • bail
  • robbery
  • confessional statement
  • prima facie evidence
  • Arms Act
  • Bhartiya Nyaya Sanhita
  • Criminal Procedure Code
  • BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72175 of 2025
                        Arising Out of PS. Case No.-285 Year-2024 Thana- PUPRI District- Sitamarhi
                 ======================================================
                 Ram Bhola Kumar @ Bhola Ram Kumar, S/o Uday Singh, R/o Village-
                 Hasanpur Bairiya, P.S.- Kundwa Chainpur, District- Motihari
                                                                               ... ... Petitioner
                                                  Versus
                 The State of Bihar
                                                                        ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Hans Lal Kumar, Advocate
                 For the Opposite Party/s :        Mr. Surendra Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   05-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                 2. The accused/petitioner seeks bail in connection

                   with Pupari P.S. Case No.285 of 2024 registered for the

                   offences punishable under Sections 309 of the Bhartiya

                   Nyaya Sanhita, 2023 (for short ‘B.N.S.’) and Section 27 of

                   the Arms Act.

                                 3. The accused/petitioner is not named in the FIR

                   and is in custody since 07.07.2025.

                                 4.     The Allegation against the petitioner is to

                   commit robbery in the jewelry shop of the informant, but due

                   to public interference the miscreants fled away after leaving

                   their motorcycle and bag at the place of occurrence.
Patna High Court CR. MISC. No.72175 of 2025(2) dt.05-02-2026
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                        5. Learned counsel appearing on behalf of the

          petitioner submitted that the name of petitioner transpired on

          the basis of confessional statement of co-accused Raju

          Kumar, in furtherance of which, no incriminating material

          surfaced/recovered against this petitioner and moreover said

          co-accused Raju Kumar already granted bail by this Court

          through Cr. Misc. No.39491 of 2025 vide order dated

          18.08.2025. Petitioner not put on T.I.P. as yet. While

          concluding argument, it is submitted that investigation of this

          case is already completed, for which, charge-sheet has been

          submitted and, as such, there is no chance of tampering with

          the evidence and moreover petitioner found involved in three

          more criminal cases, where he is on bail.

                        6. Learned APP opposed the prayer for grant of bail

          to the petitioner.

                       7. In view of aforesaid factual submissions and by

          taking note of fact as save and except suspicion arising out of

          confessional statement of Raju Kumar, nothing incriminating

          appears against this petitioner as to connect him prima facie

          with present case of robbery, where petitioner remains in
             Patna High Court CR. MISC. No.72175 of 2025(2) dt.05-02-2026
                                                         3/3




                       custody since 07.07.2025, accordingly, the petitioner, above-

                       named, is directed to be released on bail furnishing bail bond

                       of Rs.10,000/- (Rupees Ten Thousand) with two sureties of

                       the like amount each to the satisfaction of the learned

                       S.D.J.M., Pupari at Sitamarhi in connection with Pupari P.S.

                       Case No.285 of 2024 subject to the conditions as laid down

                       under Section 437(3) of the Code of Criminal Procedure (for

                       short ‘CrPC’)/under Section 480(3) of the Bhartiya Nagrik

                       Suraksha Sanhita (for short ‘BNSS’).


                                                           (Chandra Shekhar Jha, J.)
    Sanjeet/-

U        T


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