Patna High Court
Virendra Kumar Ray @ RamanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner with conditions, despite the recovery of loot and his antecedents.
Summary
Virendra Kumar Ray was arrested on 25 June 2025 in connection with a robbery alleged under Section 392 of the Indian Penal Code, where a motorcycle gang allegedly seized a bag containing Rs. 2,48,613 and documents. The petitioner claimed he was not named in the FIR and was falsely implicated, but the prosecution presented evidence of recovered loot and the accused's vehicle from his residence, and noted his prior criminal record. The petitioner argued that mandatory provisions of Section 105 of the Bihar National Security Act were not complied with and pointed to the bail granted to a co‑accused, Manoj Das, as a basis for his own bail. The State opposed bail, emphasizing the recovery of stolen property from the petitioner's house and his multiple antecedents. The Court, considering the facts and the precedent of bail to the co‑accused, granted bail on a Rs. 10,000 bond with two sureties and imposed conditions regarding trial cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite the recovery of stolen property from his residence and his criminal antecedents.
- Whether non‑compliance of Section 105 of the Bihar National Security Act warrants denial of bail.
- Whether the bail granted to a co‑accused (Manoj Das) influences the bail decision for the petitioner.
Legislation cited
- Bihar National Security Act — s. 105
- Indian Penal Code — s. 392
Subjects
- robbery
- bail
- IPC 392
- Section 105 BNSS
- criminal antecedents
- co‑accused
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80782 of 2025
Arising Out of PS. Case No.-137 Year-2024 Thana- KALYANPUR District- Samastipur
======================================================
Virendra Kumar Ray @ Raman S/o Ram Japit Ray R/o Village- Akbarpur,
P.S.- Kalyanpur, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 22-01-2026 Heard Mr. Rajeev Ranjan, learned counsel for the
petitioner and Mr. Syed Mojibur Rahman, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
25.06.2025 in connection with Kalyanpur P.S. Case No. 137 of
2024, F.I.R. dated 11.06.2025 for the offences punishable under
Section 392 of the Indian Penal Code.
3. According to prosecution case, two persons riding a
black Apache motorcycle, stopped the informant's motorcycle
and took away his bag kept on the Tanki containing collected
amount of Rs. 2,48,613/- and other documents.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. Learned counsel further submits that petitioner is
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not named in the F.I.R. and the name of petitioner has been
transpired during investigation, thereafter petitioner has
confessed his guilt in the present occurrence and the Police have
conducted the raid in the house of the petitioner and the vehicle
which was used in crime in question was recovered from the
house of the petitioner and apart from aforesaid Rs. 21,000/-
looted amount was also recovered from the house of the
petitioner. Learned counsel further submits that there is non-
compliance of mandatory provision of Section 105 of BNSS
and the co-accused person, namely, Manoj Das has been granted
regular bail by a Coordinate Bench of this Hon’ble Court vide
order dated 17.06.2025 passed in Cr. Misc. No. 36317 of 2025
and the police after investigation, submitted chargesheet against
the petitioner and the petitioner is in custody since 25.06.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner and submits that the alleged
recovery has been made from the house of the petitioner and
apart from that petitioner carries 14 criminal antecedents other
than the present one but fairly submits that the petitioner is on
bail in ten cases and rest cases are pending for consideration
before competent court of law.
6. Considering the aforesaid facts and circumstances
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and also the fact that the similarly situated co-accused person,
namely, Manoj Das has been granted bail by a Coordinate
Bench of this Hon’ble Court, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Samastipur
in connection with Kalyanpur P.S. Case No. 137 of 2024, with
the following conditions:
i. 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 her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. 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 antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
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shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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