Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that bail may be granted despite the confessional statement and prior cases, subject to attendance and surety conditions.
Summary
Rahul Kumar was arrested in a robbery case under Section 392 of the IPC, where four armed persons attempted a bank robbery and stole an informant's mobile. The petitioner submitted a confessional statement but argued that no other evidence linked him to the crime, citing that co‑accused had been granted bail in similar cases. The State opposed bail, highlighting the petitioner's nine prior criminal cases. After hearing both sides, the court considered the lack of substantive evidence beyond the confession and the precedent of bail to co‑accused, and decided to grant bail with conditions of weekly police attendance and a surety of Rs.10,000 with two sureties. The petitioner was ordered to be released on bail upon furnishing the bond.
Issues considered
- Whether the petitioner is entitled to regular bail despite a confessional statement and prior criminal antecedents
- Whether the conditions imposed are sufficient to ensure the petitioner's cooperation with the trial
Legislation cited
- Indian Penal Code — s. 392
Subjects
- bail
- robbery
- Section 392 IPC
- confessional statement
- criminal antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 8621 of 2026
Arising Out of PS. Case No.-7 Year-2021 Thana- BAKHARI District- Begusarai
======================================================
Rahul Kumar S/o Deepak Mahto R/o vill - Sakarpur, ward no. 7, P.S.- Bakhri,
Distt.- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hansraj, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Section 392 of the
IPC.
3. The case of the prosecution, in short, is that four
unknown persons entered in the bank being armed with
weapons. It is alleged that they were not successful in their
attempt but they took away the mobile of the informant.
4. Learned counsel for the petitioner has submitted
that the petitioner was remanded in this case from Sakra P.S.
Case No. 24 of 2021 wherein he has given his confessional
statement. Save and except the confessional statement of the
petitioner, there is nothing against the petitioner. It has further
Patna High Court CR. MISC. No. 8621 of 2026(3) dt.06-02-2026
2/2
been submitted that similarly situated co-accused Sudhir
Sharma and Rajesh Sahni have been granted bail by this Court
vide Cr. Misc. Nos. 76387 of 2025 and 80770 of 2025
respectively.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer of bail to the petitioner and
has submitted that the petitioner is having criminal antecedent
of nine cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail with the condition that
the petitioner shall mark his weekly attendance in Begusarai
Town P.S. and shall co-operate in the trial. The above named
petitioner is directed to be released on bail in connection with
Bakhri P.S. Case No. 07 of 2021 on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned J.M. 1st Class, Begusarai.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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