Rahul Kumar @ Babua Done v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38852 of 2026 Arising Out of PS. Case No.-35 Year-2022 Thana- MOTIPUR District- Muzaffarpur ====================================================== Rahul Kumar @ Babua Done S/o Lakhindra Ray R/o Village- Bhawanidih, P.S- Motipur ,District- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yugal Kishore, Advocate For the Opposite Party/s :

Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-06-2026 Heard Mr.Yugal Kishore, learned counsel for the petitioner and Mr.Aditya Narayan Singh.1, learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail, who is in custody since 12.01.2026 in connection with Motipur P.S. Case No. 35 of 2022, F.I.R. dated 27.01.2022 registered for the offence punishable under Sections 394/397 of IPC and Section 27 of the Arms Act.

3. The FIR of the occurrence of loot is against unknown.

4. Learned counsel for the petitioner submits that the petitioner is not named in the FIR. The name of the petitioner has been transpired during investigation on the basis of the selfconfessional statement of the petitioner and except the aforesaid, nothing has come during investigation against the

Patna High Court CR. MISC. No.38852 of 2026(2) dt.22-06-2026 2/3 petitioner to suggest the involvement of the petitioner in the present occurrence and nothing has been recovered from conscious possession of the house of the petitioner and till date no TIP has been conducted by the prosecution and the police, after investigation, submitted the chargesheet against the petitioner and the petitioner is in custody since 12.01.2026.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner has confessed his guilt in the present occurrence and apart from that, the petitioner carries four more cases other than the present one but fairly submits that the petitioner is on bail in all the cases, as mentioned in para-3 of the bail petition.

6. Considering the aforesaid facts, petitioner is not named in the FIR, the name of the petitioner has been transpired during investigation on the basis of the self-confessional statement of the petitioner and till date no TIP has been conducted by the prosecution, 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 learned Chief Judicial Magistrate, Muzaffarpur in connection with Motipur P.S. Case No. 35 of 2022, with the following conditions:-

Patna High Court CR. MISC. No.38852 of 2026(2) dt.22-06-2026 3/3 (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 his/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) Nitesh/- U T