Patna High Court
Rakesh Kumar @ Rakesh @ Rajnish KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was not granted to the petitioner.
Summary
The petitioner, Rakesh Kumar, applied for bail in a case registered under Sections 395, 120B and 34 of the Indian Penal Code for allegedly snatching Rs. 5,37,641 at gunpoint. The prosecution claimed that Rs. 86,000 of the looted money was recovered from the petitioner, while the petitioner asserted that the recovered amount was his own and no theft in possession (TIP) had been established. The High Court noted that the charge had been framed but no witnesses had been examined, and emphasized the seriousness of the alleged robbery. Considering the gravity of the offence, the fact that the trial had commenced, and the absence of a TIP finding, the Court declined to grant bail. The application was dismissed, and the trial court was directed to expedite the trial and ensure witness appearance.
Issues considered
- Whether bail should be granted to the petitioner in a case involving robbery, dacoity and conspiracy.
- Whether the recovery of Rs. 86,000 from the petitioner constitutes a theft in possession (TIP) sufficient to deny bail.
Legislation cited
- Indian Penal Code — s. 120B, 34, 395
Subjects
- bail
- robbery
- dacoity
- conspiracy
- theft in possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74439 of 2025
Arising Out of PS. Case No.-85 Year-2024 Thana- Ramgarh Chowk District- Lakhisarai
======================================================
Rakesh Kumar @ Rakesh @ Rajnish Kumar Son of Naresh Chaudhary @
Naresh Choudhary R/o Village - Bigha Jamalpur, P.S. - Sheikhpura, Dist. -
Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheo Nandan Prasad, Advocate
For the State : Mr.Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 09-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Ramgarh Chowk
P.S. Case No. 85 of 2024 registered for the offence under
Sections 395, 120B, 34 of the Indian Penal Code.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 12.02.2025 passed in Cr. Misc.
No. 70884 of 2024, which reads as under:
“Heard learned counsel for the
petitioner and learned APP for the State.
2. The petitioner seeks bail in
Patna High Court CR. MISC. No.74439 of 2025(3) dt.09-02-2026
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connection with Ramgarh Chowk P.S. Case No.
85 of 2024 registered for the offence under
Sections 395, 120B, 34 of the Indian Penal Code.
3. As per the prosecution case, Rs.
5,37,641/- was snatched by five unknown
criminals on gun point.
4. It has been submitted by the learned
APP for the State that Rs. 86,000/- of the looted
money has been recovered from the petitioner
though, it has been submitted by the learned
counsel for the petitioner that no TIP has been
held and the money recovered from the petitioner
was his own and not the looted money.
5. Considering the serious allegations
of loot against the petitioner, this Court is not
inclined to grant bail to the petitioner.
6. Accordingly, this application is
dismissed.
7. If the TIP has not been held yet, the
police is directed to hold the TIP.”
4. Learned counsel for the petitioner submits that
though the charge has been framed but no witness has been
examined.
5. Considering the gravity of the offence and the fact
that the trial has started, I am not inclined to review my earlier
order.
6. Accordingly, the application stands dismissed.
7. The trial Court is directed to expedite the trial.
8. The Superintendent of Police, Lakhisarai is directed
to ensure the appearance of the witnesses in the trial so that the
trial is not delayed.
9. Let a copy of this order be communicated to the
Patna High Court CR. MISC. No.74439 of 2025(3) dt.09-02-2026
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Principal District Judge, Lakhisarai and the Superintendent of
Police, Lakhisarai forthwith through FAX or e-mail for its
compliance.
(Sandeep Kumar, J)
P. Kumar
U T
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