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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.91249 of 2025(3) dt.11-02-2026
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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
Patna High Court CR. MISC. No.91249 of 2025(3) dt.11-02-2026
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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.
              Patna High Court CR. MISC. No.91249 of 2025(3) dt.11-02-2026
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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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