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Patna High Court

Rambahju PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            3/4




          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
               Patna High Court CR. MISC. No.77516 of 2025(3) dt.21-01-2026
                                                           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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