Patna High Court
Ram Bhola Kumar @ Bhola Ram KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Arms Act — s. 27
- Bhartiya Nagrik Suraksha Sanhita — s. 480(3)
- Bhartiya Nyaya Sanhita, 2023 — s. 309
- Code of Criminal Procedure — s. 437(3)
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
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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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