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Patna High Court

Rahul Sharma @ Rahul KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Petitioner Rahul Sharma sought regular bail in a case registered under section 309(4) of the B.N.S., alleging that the FIR was lodged against unknown miscreants who allegedly snatched a mobile, a gold ring and a house key at gunpoint. The prosecution claimed the petitioner was involved, while the petitioner’s counsel argued that the petitioner was innocent, the FIR named unknown persons, and the ring recovered was not linked to him. The petitioner had been in judicial custody since 27‑04‑2025 and had prior criminal antecedents, but those arose after the incident in question. The State opposed the bail, but the court, after considering the facts, found insufficient grounds to deny bail. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether regular bail should be granted to the petitioner under section 309(4) of the B.N.S. given the circumstances of the case.

Legislation cited

Subjects

  • regular bail
  • section 309(4)
  • B.N.S.
  • judicial custody
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86505 of 2025
                      Arising Out of PS. Case No.-42 Year-2025 Thana- Shahpur P.S. District- Nawada
                 ======================================================
                 Rahul Sharma @ Rahul Kumar Son of Manoj Sharma Resident of Village-
                 Mafi, P.S.- Warisaliganj, District- Nawada

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vijay Anand, Advocate
                 For the Opposite Party/s :        Mr. Shahabuddin Azeem @ S. Azeem, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   03-02-2026                     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 309(4) of

                   B.N.S.

                                3. The case of the prosecution is that some unknown

                   miscreants have snatched mobile, golden ring and key of the

                   house of the informant on gun point.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that the FIR was lodged

                   against unknown miscreants. It has been submitted that

                   petitioner was apprehended in Warsaliganj P.S. Case No. 216 of

                   2025 and in that case, house of one Amir Alam was searched. It
            Patna High Court CR. MISC. No.86505 of 2025(3) dt.03-02-2026
                                                        2/2




                      is alleged that the petitioner was also there and from the house

                      of the petitioner, a ring was recovered. Learned counsel for the

                      petitioner has further submitted that neither the petitioner nor

                      the ring was put on TIP. Petitioner is having criminal antecedent

                      but all the antecedents are after after Warsaliganj P.S. Case No.

                      216 of 2025. Moreover, the petitioner is languishing in judicial

                      custody since 27.04.2025.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   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. The above named

                      petitioner is directed to be released on bail in connection with

                      Shahpur P.S. Case No. 42 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned Judicial Magistrate, First

                      Class, Nawada.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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