Patna High Court
Rahul Kumar @ MaindiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner subject to a cash bond, sureties and attendance conditions.
Summary
Rahul Kumar was arrested in connection with a case registered under Section 303(2) of the B.N.S., 2023 for the alleged theft of a bike. The petitioner claimed innocence, stating that the only reference to him was in the confessional statement of a co‑accused and that no material was recovered from his possession. The State opposed bail, highlighting seven prior criminal cases against the petitioner. The court examined the lack of direct evidence, the petitioner’s cooperation, and his right to liberty, and decided to grant bail with strict conditions, including a bond of Rs.10,000, two sureties, and mandatory attendance before the trial court. The bail may be cancelled if the petitioner fails to comply with the conditions.
Issues considered
- Whether bail should be granted to the petitioner under Section 303(2) of the B.N.S., 2023 despite his criminal antecedents
- Whether the evidence, limited to a co‑accused’s confessional statement, justifies denial of bail
Legislation cited
- B.N.S., 2023 — s. 303(2)
Subjects
- bail
- Section 303(2)
- B.N.S., 2023
- confessional statement
- criminal antecedents
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7650 of 2026
Arising Out of PS. Case No.-390 Year-2025 Thana- AGAMKUAN District- Patna
======================================================
Rahul Kumar @ Maindi S/O Janardhan Prasad Resident of Village- Kumhrar
Gowal Toli, P.S.- Agamkuan, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Musowir, Advocate
For the Opposite Party/s : Mr. Satya Nand Shukla, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Agamkuan P.S. Case No. 390 of 2025 registered for the offence
punishable under Sections 303(2) of the B.N.S., 2023.
3. The case of the prosecution in short is that the bike of
the informant was stolen by unknown miscreants.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. He also
submits that during the course of investigation, the name of this
petitioner has surfaced in the confessional statement of co-accused
namely, Sahil Kumar. He further submits that nothing has been
recovered from the possession of this petitioner. Save and except
Patna High Court CR. MISC. No.7650 of 2026(2) dt.17-02-2026
2/2
the confessional statement, there is nothing against the petitioner.
He further submits that the petitioner is languishing in judicial
custody since 21.05.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of seven 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 cooperate in the trial and shall remain
physically present on each and every date fixed by the learned
trial court and shall mark his attendance at Agamkuan P.S.
weekly, failing which, the learned trial court will have liberty
to cancel the bail bond of the petitioner. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of
the like amount each to the satisfaction of the learned A.C.J.M.-
IV, Patna City, Patna in connection with Agamkuan P.S. Case No.
390 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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