Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The application for regular bail was allowed.
Summary
The petitioner, Rahul Kumar, was arrested in connection with a robbery and illegal possession of a firearm under IPC Section 392 and Arms Act Section 27. He contended that he was falsely implicated, not named in the FIR, and only mentioned in a co-accused's confessional statement, which he argued lacks evidentiary value. He also highlighted the absence of a test identification parade and lack of any incriminating material recovered from him. The State opposed bail, citing the seriousness of the offences. The Court, after considering the submissions and record, ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties and subject to conditions of physical presence before the trial court and possible cancellation if he is later found involved in similar offences. The application for bail was therefore allowed.
Issues considered
- Whether regular bail should be granted to the accused in a case of robbery and illegal possession of arms when the prosecution's evidence is limited to a co-accused's confessional statement.
- Whether the absence of a test identification parade and lack of recovered incriminating articles justify bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 392
Subjects
- bail
- robbery
- illegal possession of arms
- IPC 392
- Arms Act 27
- confessional statement
- identification parade
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91533 of 2025
Arising Out of PS. Case No.-102 Year-2022 Thana- BAKHARI District- Begusarai
======================================================
Rahul Kumar S/O Deepak Mahato R/O Vill.- Shankarpura, P.S- Bakhri,
District - Begusarai (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Chouhan Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
6 05-05-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Bakhri P.S. Case No.
102 of 2022 registered for the offences punishable under
Sections 392 of the IPC & Section 27 of the Arms Act.
3. As per the prosecution case, on 04.04.2022 at about
08:30 P.M., the informant and his son were returning home after
closing their shop. In the meantime, some unknown miscreants
intercepted them and on the point of pistol looted jewellery and
ornament worth Rs. 24 lakh and after committing the theft, they
fled away.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.91533 of 2025(6) dt.05-05-2026
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this case. It has further been submitted that the petitioner is not
named in the FIR, and his name has transpired in the
confessional statement of co-accused, Tinku Poddar @ Atish
Kumar, made before the police while in police custody, which
has got no evidentiary value. It has further been submitted that
no test identification parade (TIP) of the petitioner has been
conducted, and no incriminating article has been recovered from
his possession. Moreover, confessing co-accused, Tinku Poddar
@ Atish Kumar, has been granted bail by a co-ordinate bench of
this Court vide order dated 12.05.2023 passed in Cr. Misc. No.
17877/23. Lastly, it has been submitted that the petitioner has
got nine criminal antecedents in which he is on bail, is in
custody since 21.07.2025 and the petitioner is ready to
cooperate in the trial.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Heard the parties and perused the record, the
petitioner above-named is directed to be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Begusarai, in connection with Bakhri
P.S. Case No. 102 of 2022, with condition(s):-
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(i) the petitioner is directed to
remain physically present before the learned
Court below on each and every date, failure
on two consecutive dates without reasonable
cause, the bail bonds of the petitioner would
be liable to be cancelled.
(ii) If the petitioner’s involvement
is found in similar nature of offence in the
future, the prosecution will be at liberty to
move for cancellation of his bail bonds.
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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