Patna High Court
Rahul SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Petitioner Rahul Singh was arrested in a robbery case (IPC s.395) where the FIR named unknown miscreants. During investigation, co‑accused Rana Kumar gave a confessional statement that implicated the petitioner, although no material was recovered from him. The petitioner, who has been in judicial custody since 23‑07‑2025, claimed innocence and pointed to earlier bail orders granted to similarly situated co‑accused. The State opposed regular bail. Considering the lack of direct evidence, the prior bail precedents, and the petitioner’s prolonged custody, the Court ordered his release on regular bail upon furnishing a Rs.10,000 bond with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the confessional statement of a co‑accused.
- Whether the absence of seized property and prior bail to co‑accused justify granting bail.
- Whether the evidence on record is sufficient to justify continued detention under IPC s.395.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 439
- Indian Penal Code — s. 395
Subjects
- bail
- robbery
- IPC 395
- confessional statement
- co‑accused
- regular bail
- CrPC 439
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88882 of 2025
Arising Out of PS. Case No.-322 Year-2019 Thana- CHIRAIYA District- East Champaran
======================================================
Rahul Singh S/O Late Kanchan Singh R/O Vill.- Dhaniya, P.S.- Sahebganj,
Dist.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prateek Tandon, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 13-01-2026 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 sections 395 of the
Indian Penal Code.
3. The case of the prosecution is that three unknown
miscreants having arrived at the petrol pump and looted cash
amounting to Rs. 1,86,800/-.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that the
First Information Report was lodged against unknown
miscreants and that during the course of investigation, co-
accused, namely, Rana Kumar was apprehended, who made a
Patna High Court CR. MISC. No.88882 of 2025(2) dt.13-01-2026
2/2
confessional statement. The name of the petitioner has surfaced
only on the basis of the said confessional statement of the co-
accused. It is contended that similarly situated co-accused
persons have already been granted bail by a co-ordinate Bench
of this Court vide orders dated 29.06.2020 and 12.01.2021
passed in Cr. Misc. Nos. 21112 of 2020 and 35320 of 2020.
Nothing has been recovered from the conscious possession of
this petitioner Moreover, the petitioner has been languishing in
judicial custody since 23.07.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Considering the aforesaid 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 Chiraiya P.S. Case No. 322 of 2019 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Motihari.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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