Patna High Court
Raj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted as the investigation was complete and no incriminating material was found against the petitioner.
Summary
Raj Kumar was arrested in connection with a robbery case (Chiraiya P.S. Case No.520 of 2022) under Section 392 of the IPC, although his name does not appear in the FIR. The prosecution’s case against him rests solely on a confessional statement made by co‑accused Nitesh Kumar, and no physical evidence linking Raj Kumar to the crime was found during the investigation, which has already been completed and a charge‑sheet filed. The petitioner, who has been in custody since 28 July 2025 and has a prior criminal case pending, sought bail. The learned Additional Public Prosecutor opposed the bail, citing the petitioner’s antecedents. The Court held that, in the absence of any incriminating material and given the completed investigation, the petitioner’s continued detention was unwarranted and granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 437(3) CrPC and Section 480(3) BNSS.
Issues considered
- Whether bail should be granted when the petitioner is not named in the FIR and is implicated only through a co‑accused’s confessional statement.
- Whether the completion of investigation and lack of incriminating material justify release on bail.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 480(3)
- Code of Criminal Procedure — s. 437(3)
- Indian Penal Code — s. 392
Subjects
- bail
- robbery
- Section 392 IPC
- confessional statement
- co‑accused
- investigation
- charge sheet
- CrPC
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82118 of 2025
Arising Out of PS. Case No.-520 Year-2022 Thana- CHIRAIYA District- East Champaran
======================================================
Raj Kumar, S/o Ramchandra Singh, Resident of village-Kundwa Chainpur,
P.S.- Kundwa Chainpur, District- East Champaran.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection
with Chiraiya P.S. Case No.520 of 2022 registered for the
offences punishable under Sections 392 of the Indian Penal
Code (in short ‘IPC’).
3. The accused/petitioner is not named in the FIR
and is in custody since 28.07.2025.
4. As per FIR, the unknown miscreants committed
robbery and while committing so, taken away a motorcycle
bearing Registration No. BR04AD-1374, mobile phone,
A.T.M. card and cash of Rs.6,000/- belongs to the informant.
5. It is submitted by learned counsel appearing for
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petitioner that the name of this petitioner transpired during
investigation on the basis of confessional statement of co-
accused Nitesh Kumar, in furtherance of which, no
incriminating materials appears recovered/surfaced during
investigation as to connect the petitioner with present crime in
question. The petitioner was also not put on T.I.P. as yet.
While concluding argument, it is submitted that investigation
of this case is already completed, for which, charge-sheet has
been submitted and, as such, there is no chances of
tampering with the evidence.
6. Explaining criminal antecedent, it is submitted
that petitioner found involved in one more criminal case,
where he is on bail.
7. Learned APP opposed the prayer for grant of bail
to the petitioner.
8. In view of aforesaid factual submissions and by
taking note of fact as prima facie save and except suspicion
arising out of confessional statement of co-accused, nothing
appears incriminating during investigation against petitioner,
who is in custody since 28.07.2025, coupled with the fact that
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investigation of this case is already completed, accordingly,
the petitioner, above-named, is directed to be released on bail
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned S.D.J.M., Sikarahana at Dhaka, East Champaran,
Motihari/concerned court in connection with Chiraiya P.S.
Case No.520 of 2022, subject to the conditions as laid down
under Section 437(3) of the Code of Criminal Procedure (for
short ‘CrPC’)/under Section 480(3) of the Bhartiya Nagrik
Suraksha Sanhita (for short ‘BNSS’)
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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