Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted subject to a Rs 10,000 bond, two sureties, and specific conditions.
Summary
Rakesh Kumar was arrested on 19 September 2025 in connection with a theft case (Kalyanpur PS Case No. 290 of 2025) alleged under Sections 334(2) and 303(2) of the B.N.S., where the prosecution claims he and co‑miscreants stole Rs 3,12,002 and grocery items. The petitioner contended that he was falsely implicated based solely on statements of a co‑accused, Md. Kalam, and that no material was recovered from him. The State opposed bail, highlighting two prior criminal antecedents, while the petitioner’s counsel sought bail, noting that the petitioner was already on bail in other pending matters. The court examined the nature of the offences, the reliance on co‑accused testimony, and the petitioner’s criminal record, and decided to grant bail on a bond of Rs 10,000 with two sureties and several conditions, including cooperation with the trial and verification of antecedents. The order directed that bail should not be delayed for verification purposes.
Issues considered
- Whether bail can be granted in a case involving offences under Sections 334(2) and 303(2) of the B.N.S. despite the seriousness of the alleged theft.
- Whether the reliance on statements of a co‑accused (Md. Kalam) is sufficient to justify continued detention.
- Whether the petitioner’s two prior criminal antecedents preclude the grant of bail.
Legislation cited
- B.N.S. — s. 303(2), 334(2)
Subjects
- bail
- theft
- co‑accused testimony
- criminal antecedent
- Section 334(2)
- Section 303(2)
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91479 of 2025
Arising Out of PS. Case No.-290 Year-2025 Thana- KALYANPUR District- Samastipur
======================================================
Rakesh Kumar S/o Haridwar Prasad R/o village - Naranga , Police Station -
Kalyanpur , District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Pratap, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr. Mahendra Pratap, learned counsel for the
petitioner and Mr. Mritunjay Kumar Nirala, learned Additional
Public Prosecutor for the State.
2. Learned counsel for the petitioner is permitted to
make necessary correction in paragraph nos. 1 and 6 of the bail
petition in course of the day.
3. The petitioner seeks bail, who is in custody since
19.09.2025 in connection with Kalyanpur P.S. Case No. 290 of
2025, F.I.R. dated 23.08.2025 for the offences punishable under
Sections 334(2), 303(2) of the B.N.S.
4. According to prosecution case, petitioner and other
miscreants have committed theft upon the shop of the informant
and looted Rs. 3, 12,002/- and grocery items from his shop.
5. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.91479 of 2025(2) dt.13-01-2026
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petitioner is innocent and he has falsely been implicated in the
present case on the basis of disclosure made by apprehended co-
accused person, namely, Md. Kalam. No recovery has been
made from the possession of the petitioner rather the said
recovery is made from the shop of co-accused Avinash Kumar.
The police after investigation, submitted chargesheet against the
petitioner and the petitioner is in custody since 19.09.2025.
6. Learned APP for the State on the other hand has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries two criminal antecedents other
than the present one but fairly submits on the basis of paragraph
3 of the bail petition that the petitioner is on bail in the pending
matters.
7. Considering the aforesaid facts and circumstances,
petitioner name has transpired on the basis of disclosure made
by co-accused persons, 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 Chief Judicial Magistrate, Samastipur
in connection with Kalyanpur P.S. Case No. 290 of 2025, with
the other following conditions:
i. Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the 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.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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