Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
Bail was granted to the petitioner on the condition of a bond and compliance with stipulated conditions.
Summary
The petitioner, Rahul Kumar, was arrested in connection with a theft case (Nawada Town P.S. Case No. 191 of 2025) alleged under Sections 331(4) and 305(B) of the B.N.S. The only link to the petitioner is a confessional statement of a co‑accused, Golu Kumar; no material was recovered from the petitioner and no TIP was conducted. The petitioner, already on bail in six other cases, argued that he is falsely implicated and that co‑accused persons facing identical charges have been granted bail. The State opposed bail, relying on the confessional statement as evidence of involvement. The Court, after considering the lack of direct evidence, the submission of a charge sheet, the absence of any risk of tampering, and the principle of parity with co‑accused, ordered the release of the petitioner on bail with a bond of Rs.10,000 and specific conditions.
Issues considered
- Whether bail should be granted to the petitioner despite the only evidence being a co‑accused's confessional statement.
- Whether the petitioner’s prior criminal antecedents and the nature of the offences preclude bail.
- Whether the principle of parity with co‑accused persons already released on bail mandates granting bail to the petitioner.
Legislation cited
- B.N.S. — s. 305(B), 331(4)
Subjects
- bail
- theft
- confessional statement
- parity
- criminal procedure
- Section 331
- Section 305
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 89241 of 2025
Arising Out of PS. Case No.-191 Year-2025 Thana- NAWADA District- Nawada
======================================================
Rahul Kumar Son of Ajay Singh Resident of Village- Mirjapur, P.S. and
District- Nawada
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Mr. Md. Fahimuddin, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 12-01-2026 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 registered for the
offences punishable under Sections 331(4) and 305(B) of the
B.N.S.
3. As per prosecution case, the informant has
alleged that 3–4 unknown miscreants broke open the locker and
almirah in his residential premises and committed theft, during
which they took away gold and silver ornaments as well as cash
amounting to ₹6,00,000/-.
4. Learned counsel for the petitioner submits that
the petitioner is quite innocent and has been falsely implicated
in this case. It is further submitted that the FIR has been lodged
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against unknown and during the course of investigation the
name of the petitioner surfaced on the confessional statement of
co-accused, Golu Kumar and except the aforesaid
confessional statement of co-accused, there is nothing on
record to connect the present petitioner with the alleged
occurrence. No incriminating material has been recovered from
the possession of the petitioner. The petitioner is in custody
since 21.07.2025 and till today no TIP has been conducted.
Apart from that petitioner bears criminal antecedent of six cases
in which he is already on bail. Charge sheet has been submitted
in the case and there is no likelihood of tampering with the
prosecution evidence. On similar and identical allegation co-
accused Rahul Kumar has already been granted bail by the co-
ordinate Bench of this Court vide Cr. Misc. No. 85531 of 2025
and other co-accused Karan Kumar @ Karan Vishwakarma has
also been granted bail vide Cr. Misc. No. 70195 of 2025 and on
the principle of parity the petitioner also deserves same
treatment.
5. The learned A.P.P. for the State vehemently
opposed the prayer for bail of the petitioner as his name has
been surfaced during the course of investigation on the
confessional statement of co-accused Golu Kumar. Hence, he
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does not deserve bail.
6. Considering the facts and circumstances of the
case, period of custody, on similar and identical allegation co-
accused persons have already been granted bail, nothing has
been recovered from his possession, TIP has not been
conducted, charge sheet has been submitted in the case and there
is no likelihood of tampering with the prosecution evidence,
argument advanced on behalf of both sides and also taking into
consideration the material available on record, let the petitioner
above named be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees 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 following conditions:-
(i) One of the bailors shall be either father or
mother or sister or brother or wife or the person who has sworn
the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will
remain present on each and every date without fail and absence
on any date without appropriate permission, would be a ground
for cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or the
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witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(iv) Petitioner shall furnish mobile number at the time
of furnishing bail-bond and the said mobile number shall
continue in operating condition till disposal of the case and he
shall get his presence marked before the officer-in-charge of the
concerned police station on the first Tuesday of every month.
(Alok Kumar Pandey, J)
Nilmani/-
U T
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