Patna High Court
Rambahju PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Rambahju Prasad, was arrested on 7 September 2025 in connection with a case registered under Sections 308(4) and 308(5) of the B.N.S., alleging assault on an informant and the theft of Rs. 22,000 in cash and Rs. 5,000 via UPI. The petitioner pleaded that he has a clean antecedent, was falsely implicated, and that the UPI ID mentioned in the FIR does not belong to him; no material was recovered from his possession. The State opposed the bail application, arguing the seriousness of the offences. The Court examined the lack of direct evidence linking the petitioner to the alleged robbery and considered his clean record. Consequently, the Court ordered his release on bail of Rs. 10,000 with two sureties, imposing conditions of cooperation, non‑tampering with evidence or witnesses, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 308(4) and 308(5) of the B.N.S.
- Whether the petitioner’s presence at the scene and absence of seized material justify bail
- Whether the petitioner poses a risk of tampering with evidence or witnesses
Legislation cited
- B.N.S. — s. 308(4), 308(5)
Subjects
- bail
- criminal procedure
- assault
- robbery
- UPI fraud
- false implication
- sections 308(4) 308(5) B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77516 of 2025
Arising Out of PS. Case No.-396 Year-2025 Thana- BAIRIYA District- West Champaran
======================================================
Rambahju Prasad S/O Harishankar Prasad @ Harishankar Sah RO Village -
Laukariya, PS -Bairiya, District-West Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 21-01-2026 Heard Mr. Alok Kumar Alok, learned counsel for the
petitioner and Mr. Abhay Kumar Roy, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
07.09.2025, in connection with Bairiya P.S. Case No. 396 of
2025, F.I.R. dated 06.09.2025 registered for the offences
punishable under Sections 308(4), 308(5) of B.N.S.
3. Allegation against the petitioner is that he along
with other co-accused persons assaulted the informant and
snatched a sum of Rs. 22,000/- cash from the informant and also
took a sum of Rs. 5,000/- forcefully from the informant on QR
Code with UPI ID.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.77516 of 2025(3) dt.21-01-2026
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petitioner has clean antecedent and he has been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
petitioner has not committed any offence as alleged in the F.I.R.
From perusal of the F.I.R. it appears that the informant
developed intimacy with co-accused persons, namely, Prince
Kumar and Ajit Kumar and their assurance the petitioner has
come in Bihar and the informant has been received by co-
accused Ranjit Kumar and thereafter the other co-accused
person through UPI ID received money from the informant.
Learned counsel for the petitioner submits that although the
petitioner is named in the F.I.R. but from perusal of the F.I.R. it
appears that UPI ID which is mentioned in the F.I.R. does not
belong to the petitioner and petitioner has been made accused
merely on the ground that he was present at the place of
occurrence and nothing has been recovered from the possession
of the petitioner and the motorcycle in question which was
recovered from the petitioner belonged to the petitioner. He
further submits that the the police after investigation submitted
chargesheet against the petitioner and the petitioner is in custody
since 07.09.2025.
5. The learned Additional Public Prosecutor for the
Patna High Court CR. MISC. No.77516 of 2025(3) dt.21-01-2026
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State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the
case, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned A.C.J.M. 1st, West Champaran, Bettiah in connection
with Bairiya P.S. Case No. 396 of 2025, subject to the following
conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
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4/4
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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