Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted bail to the petitioner subject to the specified conditions.
Summary
Rahul Kumar was arrested in connection with a robbery‑theft case (Nawada Town P.S. Case No. 191 of 2025) alleged under Sections 331(4) and 305(B) of the B.N.S. He was not named in the FIR; his involvement was inferred from the confessional statement of co‑accused Golu Kumar. The petitioner, who has six prior criminal antecedents, claimed that no incriminating article was found on him and that similarly situated co‑accused had been released on bail. The State opposed the bail application. The Patna High Court, after weighing the lack of direct evidence, the petitioner’s antecedents, and the prosecution’s case, ordered his release on bail with a cash bond of Rs 10,000 and two sureties, imposing detailed conditions including regular police reporting and strict compliance, and reserved the right to cancel bail for any violation. The application was allowed.
Issues considered
- Whether the petitioner is entitled to bail despite being implicated only through a co‑accused’s confession and having multiple prior criminal antecedents.
- Whether the conditions imposed by the court for bail are lawful and appropriate under the circumstances.
Legislation cited
- B.N.S. — s. 305(B), 331(4)
Subjects
- bail
- criminal antecedents
- theft
- robbery
- Section 331
- Section 305
- confessional statement
- investigation
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85531 of 2025
Arising Out of PS. Case No.-191 Year-2025 Thana- NAWADA District- Nawada
======================================================
Rahul Kumar Son of Lakhendra Sahani R/o Village- Patalpuri, New Area, P.S.
and District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Birendra Kumar, Adv.
For the Opposite Party/s : Mr.Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner seeks bail in connection with
Nawada Town P.S. Case No. 191 of 2025 dated 15.02.2025
registered for the offences punishable under Sections 331(4) and
305(B) of the B.N.S.
3. As per the prosecution case, the informant has
alleged that some miscreants broke open the locker of the
almirah and took away jewellery, other items and Rs. 6,00,000/-
cash.
4. Learned counsel for the petitioner submits that the
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petitioner is not named in the FIR and during the course of
investigation, his name has surfaced on the basis of the
confessional statement of the co-accused, Golu Kumar. It has
further been submitted that no incriminating article has been
recovered from the conscious possession of the petitioner and
till date, no T.I.P. has been conducted despite the fact that the
petitioner is in custody since 21.07.2025. It has further been
submitted that the petitioner carries six criminal antecedents and
he has been made accused in the present case. Two similarly
situated co-accused namely, Shubham Verma and Karan Kumar
have been enlarged on bail by the Coordinate Bench of this
court vide order dated 17.09.2025 passed in Cr. Misc. No.
67435/2025 and vide order dated 09.10.2025 passed in Cr.
Misc. No. 70195/2025 respectively.
5. Learned A.P.P. has vehemently opposed the prayer
for bail of the petitioner.
6. Considering the facts and circumstances of the
case, the petitioner is directed to be released on bail on his
furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned C.J.M., Nawada in connection with Nawada Town P.S.
Case No. 191 of 2025 subject to the following terms and
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conditions :-
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present before
the concerned Court on each and every date of the trial and shall
cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will liable to be cancelled by the Court concerned.
(iv) If the petitioner, in future, is found to be involved
in similar nature of offence(s), the prosecution shall be at liberty to
move for cancellation of his bail bond.
(v) The trial court 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 trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
(vi) In view of the antecedents of the petitioner, the
petitioner is directed to appear before the Superintendent of
Police, Nawada within fifteen (15) days of his release with a copy
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of this order and every two weeks thereafter for the next nine
months. The conduct of the petitioner with be kept under watch in
this period by the concerned Superintendent of Police and if it is
found wanting in any respect, a report shall be made to the Court
concerned by him to initiate a proceeding for cancellation of bail
of the petitioner for reasons of misuse of bail. After reporting to
the Superintendent of Police, a certificate will be filed by the
petitioner before the Court concerned.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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