Rinku Kumari @ Rinku Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52443 of 2025 Arising Out of PS. Case No.-310 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== Rinku kumari @ Rinku Devi W/O Uttam Kumar Sahni @ Uttam Sahni R/O Vill.- Rani Godhna, Durga Asthan, P.S.- Bachhwara, Dist.- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Randhir Kumar No. 1, Adv For the Opposite Party/s :
Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Dalsingsarai P.S. Case No. 310 of 2023 registered for the offences under Sections 457 and 380 of the Indian Penal Code.
3. The petitioner is not named in the F.I.R. and is in custody since 13.10.2023.
4. The allegation against the petitioner is to commit theft along with other co-accused persons in the house of informant and while committing so after breaking lock of almirah etc., took away cash of Rs. 10,500/- and jewellery of gold and silver worth Rs. 5 lakhs from the house of the informant.
5. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.52443 of 2025(2) dt.17-09-2025 2/3 submitted that name of this petitioner transpired during the course of investigation on the basis of confessional statement of coaccused namely Vikas Kumar, in furtherance of which nothing incriminating recovered/surfaced as to connect this petitioner with the present occurrence of theft. It is also submitted that petitioner found involved in 18 more criminal cases of similar nature due to police atrocities and same can be gathered easily from the manner petitioner was implicated on the basis of confessional statement starting from Dalsingsarai P.S. Case No. 312 of 2023 to Dalsingsarai P.S. Case No. 327 of 2023 in succession.
It is submitted that if the merit of the case appears in favour of petitioner/accused otherwise, merely on the ground of criminal antecedents, prayer of bail of petitioner should not be denied ordinarily. In support of his submission learned counsel relied upon the legal report of Hon'ble Supreme Court as available through Prabhakar Tewari Vs. State of Uttar Pradesh and Another, [(2020) 11 SCC 648]. While concluding the argument it is submitted that investigation of this case has already completed, and as such, there is no chance of tampering with the evidence.
6. Learned APP appearing on behalf of the State, opposes the prayer for bail.
Patna High Court CR. MISC. No.52443 of 2025(2) dt.17-09-2025 3/3
7. In view of aforesaid factual submission and by taking note of fact as save and except suspicion arising out of confessional statement of co-accused prima-facie nothing incriminating surfaced during the course of investigation as to connect petitioner prima-facie with the present occurrence of theft, coupled with the fact as petitioner remains in custody since 13.10.2023, accordingly above named petitioner, is directed to be released on bail in connection with Dalsingsarai P.S. Case No. 310 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Dalsingsarai, Samastipur/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S. (Chandra Shekhar Jha, J.) S.Tripathi/- U T