Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.91604 of 2025 Arising Out of PS. Case No.-176 Year-2024 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Rahul Kumar S/O Deepak Mahato R/O Vill.- Shankarpura, P.S- Bakhri, District - Begusarai (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Chouhan, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 05-05-2026 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Begusarai Town P.S. Case No. 176 of 2024 registered for the offences punishable under Sections 395 of the IPC.

3. As per the prosecution case, on 21.03.2024 at about 11:00 a.m., 5-6 unknown miscreants, armed with weapons, entered the branch of HDFC Bank with the clear intention of committing robbery. It is alleged that, after confining the staff and threatening them at gunpoint, they looted cash amount of Rs. 16,33,033/-.

4. Learned counsel for the petitioner has submitted that the petitioner is not named in the F.I.R., and has falsely

Patna High Court CR. MISC. No.91604 of 2025(5) dt.05-05-2026 2/3 been implicated in this case. It has further been submitted that co-accused Nitish Kumar on whose confession the name of the petitioner has transpired in this case, has already been granted bail by a co-ordinate bench of this Court vide order dated 10.04.2025 passed in Cr. Misc. No. 1174 of 2025. It has further been submitted that no test identification parade (TIP) of the petitioner has been conducted, and no incriminating article has been recovered from his possession. Moreover, similarly situated co-accused persons, Rohit Kumar @ Mahakal and Aakash Kumar have already been granted bail by a co-ordinate bench of this Court vide orders dated 10.04.2025 and 30.04.2025 passed in Cr. Misc. No. 17895 of 2025 and Cr. Misc. No. 29358 of 2025 respectively. Lastly, it has been submitted that the petitioner has got nine criminal antecedents in which he is on bail and is in custody since 07.07.2025.

5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also 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, after framing of charge, if not already framed, on furnishing bail bonds of

Patna High Court CR. MISC. No.91604 of 2025(5) dt.05-05-2026 3/3 Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Begusarai Town P.S. Case No. 176 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. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) 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.

(IV) If the petitioner is found involved in similar nature of offence in future, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

8. Accordingly, the application stands allowed. (Praveen Kumar, J) Jyoti/- U T