Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32396 of 2025 Arising Out of PS. Case No.-1269 Year-2024 Thana- MAHUA District- Vaishali ====================================================== Rahul Kumar Son of Mundesh Paswan @ Mundeshwar Paswan Village- Near Madhya School, Ward No. 3, Karhari, P.S- Bhagwanpur, Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Rina Sinha, Advocate Mr. Dhirendra Prasad Sinha, Advocate Ms. Reema Singh, Advocate For the Opposite Party/s :
Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 12-12-2025 Heard learned counsel for the petitioner and the learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in connection with Mahua P.S. Case No. 1269 of 2024 instituted for the offences under Sections 309(4) of the B.N.S.
3. The prosecution case is to the effect that the informant while coming from his shop was stopped by few persons on the point of pistol and they snatched away a bag containing cash of Rs. 3,28,472/- which was kept along with some other machines and mobile phones.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated and merely on the confessional statement of a co-accused he has been dragged in
Patna High Court CR. MISC. No.32396 of 2025(5) dt.12-12-2025 2/3 the present matter. It has further been submitted that no incriminating article has been recovered from the conscious possession of the petitioner. It has next been submitted that prior to the present case there was no criminal case registered against the petitioner, however, after the present case was lodged the petitioner has been named in another case being Mahua P.S. Case No. 1279 of 2024.
5. Learned Additional Public Prosecutor has vehemently opposed the prayer of anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, the petitioner, above named is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No. 1269 of 2024, subject to the conditions as laid down under Section 482 of BNSS, 2023, subject to the following conditions:
(i) One of the bailors will be a close relative of the
Patna High Court CR. MISC. No.32396 of 2025(5) dt.12-12-2025 3/3 petitioner;
(ii) the petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court;
(iii) in case of absence on two consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will liable to be cancelled by the Court concerned; (iv) 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 bonds of the petitioner. However, the acceptance of bail bonds in terms of the above mentioned order shall not be delayed for purpose of the same on in the name of verification.
(v) the petitioner is directed to appear before the SSP, Vaishali at Hajipur fortnightly to mark his attendance.
7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) krishna/- U T