Created by Fuzzy Cloud

Patna High Court

Virendra Kumar Ray @ RamanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.80782 of 2025(3) dt.22-01-2026
                                            2/4




          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
Patna High Court CR. MISC. No.80782 of 2025(3) dt.22-01-2026
                                            3/4




          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
            Patna High Court CR. MISC. No.80782 of 2025(3) dt.22-01-2026
                                                        4/4




                      shall not be delayed for purpose of or in the name of

                      verification.


                                                     (Rajesh Kumar Verma, J)

Ranjeet/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.