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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner.

Summary

Rahul Kumar was arrested in connection with a robbery of Rs. 1,20,000 committed at gunpoint and charged under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The petitioner contended that he was falsely implicated, not named in the FIR, and that the only link to him was a co‑accused's confession, which he argued lacked evidentiary value. He also pointed out that no stolen articles or the alleged firearm were recovered from his possession and that a T.I.P. had not been conducted. The State opposed bail, citing the seriousness of the offences and the petitioner’s prior criminal antecedent. The Court, after considering the lack of direct evidence, the duration of custody, and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, granted bail subject to monetary sureties and standard conditions.

Issues considered

  • Whether bail can be granted to a person charged under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act despite the seriousness of the alleged robbery.
  • Whether the confession of a co‑accused provides sufficient basis to deny bail to the petitioner.
  • Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 affects the grant of bail.
  • Whether the petitioner’s prior criminal antecedent precludes the grant of bail.

Legislation cited

Subjects

  • bail
  • robbery
  • firearms
  • false implication
  • co-accused confession
  • prior criminal antecedent
  • Section 309
  • Arms Act
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80939 of 2025
                   Arising Out of PS. Case No.-122 Year-2025 Thana- CHACKMEHSI District- Samastipur
                 ======================================================
                 Rahul Kumar Son of Sanjay Sahni Residents of village- Maheshpur Ward No.
                 4, Police Station- Hattha,District - Muzaffarpur
                                                                            ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shashank Shekhar, Advocate
                 For the Opposite Party/s :       Mr.Akshay Lal Pandit, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   20-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State. Perused the case diary.

                               2. The petitioner seeks bail in connection with

                   Chakmehsi P.S. Case No. 122 of 2025, instituted for the

                   offences under Section 309(6) of the Bharatiya Nyaya Sanhita,

                   2023 and u/s 27 of the Arms Act.

                               3. Prosecution case, in short, is that four miscreants

                   looted Rs. 1,20,000/-, on gun point, from the CSP and after that

                   they fled away.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case only on

                   the basis of suspicion. The petitioner is not named in the F.I.R.

                   He further submitted that the name of the petitioner has been

                   surfaced in this case only on the basis of confessional statement
Patna High Court CR. MISC. No.80939 of 2025(3) dt.20-02-2026
                                            2/3




          of co-accused Jitendra Kumar @ Tika, which has no evidentiary

          value. He further submitted that the alleged recovered mobile

          belongs to the petitioner. He further submtited that except the

          allegation of facilitating other co-accused in the occurrence

          nothing has been found against the petitioner. The injury of fire

          arms is to be found simple in nature. No incriminating/looted

          article has been recovered from the conscious possession of the

          petitioner. Learned counsel further submitted that petitioner has

          got no concern with the stolen article. Learned counsel further

          submitted that T.I.P. has not been conducted till date to ascertain

          the involvement of the petitioner in the alleged offence.

          Charge-sheet has been submitted in this case. It has been

          submitted on behalf of the petitioner that the petitioner is in

          custody since 12.08.2025 and has one criminal antecedent.

          There is no compliance of Section 103 of the Bharatiya Nagarik

          Suraksha Sanhita, 2023.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case, as also the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                       7. Let the petitioner be released on bail on furnishing
           Patna High Court CR. MISC. No.80939 of 2025(3) dt.20-02-2026
                                                       3/3




                     bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court             in connection with Chakmehsi P.S.

                     Case No. 122 of 2025, subject to the following conditions:

                                   (I) One of the bailors shall be the petitioner’s own or

                     close member.

                                   (II) The petitioner shall appear on each and every date

                     fixed during the trial and shall not remain absent on two

                     consecutive dates without sufficient cause.

                                   (III) The petitioner shall not tamper with the

                     prosecution evidence or influence/intimidate any witness during

                     the course of trial.

                                   In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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