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Patna High CourtCR. MISC./85531/2025bail granted

Rahul Kumar v. The State Of Bihar

2026-01-06Mr. Justice Sourendra Pandey4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85531 of 2025 Arising Out of PS. Case No.-191 Year-2025 Thana- NAWADA District- Nawada ====================================================== Rahul Kumar Son of Lakhendra Sahani R/o Village- Patalpuri, New Area, P.S. and District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar, Adv.

For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 06-01-2026 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Nawada Town P.S. Case No. 191 of 2025 dated 15.02.2025 registered for the offences punishable under Sections 331(4) and 305(B) of the B.N.S.

3. As per the prosecution case, the informant has alleged that some miscreants broke open the locker of the almirah and took away jewellery, other items and Rs. 6,00,000/- cash.

4. Learned counsel for the petitioner submits that the

2/4 petitioner is not named in the FIR and during the course of investigation, his name has surfaced on the basis of the confessional statement of the co-accused, Golu Kumar. It has further been submitted that no incriminating article has been recovered from the conscious possession of the petitioner and till date, no T.I.P. has been conducted despite the fact that the petitioner is in custody since 21.07.2025. It has further been submitted that the petitioner carries six criminal antecedents and he has been made accused in the present case. Two similarly situated co-accused namely, Shubham Verma and Karan Kumar have been enlarged on bail by the Coordinate Bench of this court vide order dated 17.09.2025 passed in Cr. Misc. No. 67435/2025 and vide order dated 09.10.2025 passed in Cr. Misc. No. 70195/2025 respectively.

5. Learned A.P.P. has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case, the petitioner is directed to be released on bail 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 learned C.J.M., Nawada in connection with Nawada Town P.S. Case No. 191 of 2025 subject to the following terms and

3/4 conditions :- (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner shall remain physically present before the concerned Court on each and every date of the trial and shall cooperate in the investigation.

(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will liable to be cancelled by the Court concerned. (iv) If the petitioner, in future, is found to be involved in similar nature of offence(s), the prosecution shall be at liberty to move for cancellation of his bail bond.

(v) The trial court shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedents, the trial court shall take necessary steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above mentioned order shall not be delayed for purpose of or in the name of verification.

(vi) In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Nawada within fifteen (15) days of his release with a copy

4/4 of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner with be kept under watch in this period by the concerned Superintendent of Police and if it is found wanting in any respect, a report shall be made to the Court concerned by him to initiate a proceeding for cancellation of bail of the petitioner for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the Court concerned.

7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial.

8. The application stands allowed.

(Sourendra Pandey, J) Gautam/- U T