Rahul Kumar @ Rahul Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5410 of 2026 Arising Out of PS. Case No.-934 Year-2025 Thana- NAGAR District- Vaishali ====================================================== Rahul Kumar @ Rahul Das S/o- Bigan Das Resident of Village- Saidpur Kutupur Police Station- Bidupur, Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar, Advocate For the Opposite Party/s :
Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-01-2026 Heard Mr. Ranjeet Kumar, learned counsel for the petitioner and Mr. Nirmal Kumar Sinha, learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since 30.07.2025 in connection with S. Tr. No. 823/2025, arising out of Hajipur Town P.S. Case No. 934 of 2025, F.I.R. dated 30.07.2025 for the offences punishable under Sections 317(4), 317(5), 318(4), 338, 336(3), 3(5) of the B.N.S.S., 2023.
3. According to prosecution case, on seeing police, two miscreants riding a motorcycle started fleeing away but one miscreant was apprehended who disclosed his name as Bobby Kumar and he also disclosed the name of the person who fled away as Saroj Kumar. On inquiry, he disclosed that he used to
2/4 steal motorcycles and sell them to persons who are indulged in selling liquor and he further disclosed that he had sold the motorcycles to the petitioner and the co-accused persons.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in this case. He further submits that the allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. and the petitioner is not named in the FIR. From a bare perusal of F.I.R., it appears that one looted motorcycle has been recovered from the possession of one co-accused person and he had disclosed that he had purchased the same from the petitioner and other coaccused persons. The similarly situated co-accused person, namely, Raj Kumar @ Raj Kumar Rai has been granted bail by a Coordinate Bench of this Hon'ble Court vide order dated 17.11.2025 passed in Cr. Misc. No. 71532 of 2025 and the police after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 30.07.2025.
5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances and also the fact that the petitioner has clean antecedent and
3/4 similarly situated co-accused person has been granted bail by a Coordinate bench of this Hon'ble Court, 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 Addl. District and Sessions Judge-X, Vaishali at Hajipur, in connection with S. Tr. No. 823/2025, arising out of Hajipur Town P.S. Case No. 934 of 2025, with the following conditions:
i. Petitioner shall co-operate in the trial and shall be 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
4/4 shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Ranjeet/- U T