Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court held that bail may be granted to the petitioner, subject to strict conditions, despite the pending charge and his antecedents.
Summary
The Patna High Court considered the bail application of Rahul Kumar, who is in custody for an alleged mobile‑snatching offence charged under Section 304(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s case is based on the confession of a co‑accused, while the defence argued that the petitioner is innocent and that his five prior similar offences have led to false implication. The State opposed bail, contending that the petitioner’s criminal antecedents and the nature of the alleged crime warrant continued detention. After weighing the submissions, the Court granted bail on a bond of Rs 10,000 with two sureties and imposed several conditions, including personal appearance in court, reporting to the senior superintendent of police, and possible cancellation if the petitioner reoffends or conceals antecedents. The order also clarified that any observations made therein would not affect the trial. Consequently, the prayer for bail was allowed subject to the stipulated terms.
Issues considered
- Whether bail should be granted to an accused charged under Section 304(2) of the Bharatiya Nyaya Sanhita, 2023 despite prior similar criminal antecedents
- Whether the existence of prior similar offences precludes the grant of bail
- Whether a case founded primarily on a co‑accused’s confessional statement is sufficient to deny bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 304(2)
Subjects
- bail
- Bharatiya Nyaya Sanhita
- Section 304(2)
- criminal antecedent
- confessional statement
- high court
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91249 of 2025
Arising Out of PS. Case No.-202 Year-2025 Thana- SACHIVALAYA District- Patna
======================================================
Rahul Kumar, S/o Late Saryug Ram, Resident of- Raj Bhawan Campus,
Block- D-302, P.S.- Sachivalaya, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewanand Tiwari, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Sachivalaya P.S. Case No. 202 of 2025
registered for the offences punishable under Section 304(2) of
the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant has
alleged that while he had gone for a walk, two persons on a bike
snatched away his mobile.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been dragged into the present
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case on confessional statement of a co-accused. It has further
been submitted that the petitioner carries five criminal
antecedents of similar nature and it is on account of his criminal
antecedents that he has falsely been implicated in this case. It
has next been submitted that no recovery is said to have been
made from the conscious possession of the petitioner. It has also
been submitted that in fact the petitioner has been taken on
remand in the four cases of Sachivalaya P.S. after he has been
implicated in the present case. It has lastly submitted that the
petitioner is in custody since 16.10.2025.
5. The learned A.P.P. has vehemently opposed the
prayer for bail and has stated that the petitioner is involved in
similar kind of crime and hence he should not be released on
bail.
6. Considering the aforesaid submissions made by the
parties, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
court below where the case is pending/successor court in
connection with Sachivalaya P.S. Case No. 202 of 2025, subject
to the following conditions:-
(i) One of the bailors of the petitioner shall
be his close relative and the other shall be local
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resident.
(ii) The petitioner shall remain physically
present in Court on each date of the trial.
(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 be liable to be cancelled by
the court concerned.
(iv) If the petitioner is found involved in
similar nature of offence in future, the prosecution shall
be at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioner and in case at any
stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However,
the acceptance of bail bonds 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 antecedent of the
petitioner, the petitioner is directed to appear before the
Senior Superintendent of Police, Patna within fifteen
days of his release with a copy of this order and every
two weeks thereafter for the next nine months. The
conduct of the petitioner will be kept under watch in
this period by the Superintendent of Police concerned
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 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.
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7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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