Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15106 of 2026 Arising Out of PS. Case No.-310 Year-2024 Thana- PIPRAKOTHI District- East Champaran ====================================================== Rahul Kumar S/o- Shiv Shankar Sahni @ Saral Sahni @ Sri Shankar Sahni Resident of village- Bhatahan Bhataha PS- Muffasil Motihari District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shanti Bhushan Singh, Advocate For the Opposite Party/s :
Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Pipra Kothi P.S. Case No. 310 of 2024, instituted for the offences punishable under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that while the informant was discharging his duty in his gas agency, in the meantime, three unknown miscreants came on a motorcycle and on the point of weapon looted Rs. 27,000/- and mobile phones and fled away from the spot.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.15106 of 2026(2) dt.25-02-2026 2/3 present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submitted that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of self-confession made before the police and the same has got no evidentiary value. It is next submitted that father of the petitioner is registered owner of the motorcycle in question and the same has been taken by co-accused Govind Sahni on the alleged date of occurrence. The petitioner is in custody since 28.05.2025 and has got four criminal antecedents in which he is on bail. Learned counsel for the petitioner further submits that other co-accused has been granted regular bail by this Court vide order dated 10.09.2025 passed in Cr. Misc. No. 63709 of 2025.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
Patna High Court CR. MISC. No.15106 of 2026(2) dt.25-02-2026 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pipra Kothi P.S. Case No. 310 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial and shall not remain absent on two consecutive dates without sufficient cause.
(III) The petitioner will not tamper with the evidence or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar nature in future.
If any of the above conditions are violated, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Rajorshi/- U T