Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.91533 of 2025 Arising Out of PS. Case No.-102 Year-2022 Thana- BAKHARI 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 Bakhri P.S. Case No. 102 of 2022 registered for the offences punishable under Sections 392 of the IPC & Section 27 of the Arms Act.

3. As per the prosecution case, on 04.04.2022 at about 08:30 P.M., the informant and his son were returning home after closing their shop. In the meantime, some unknown miscreants intercepted them and on the point of pistol looted jewellery and ornament worth Rs. 24 lakh and after committing the theft, they fled away.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.91533 of 2025(6) dt.05-05-2026 2/3 this case. It has further been submitted that the petitioner is not named in the FIR, and his name has transpired in the confessional statement of co-accused, Tinku Poddar @ Atish Kumar, made before the police while in police custody, which has got no evidentiary value. 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, confessing co-accused, Tinku Poddar @ Atish Kumar, has been granted bail by a co-ordinate bench of this Court vide order dated 12.05.2023 passed in Cr. Misc. No. 17877/23. Lastly, it has been submitted that the petitioner has got nine criminal antecedents in which he is on bail, is in custody since 21.07.2025 and the petitioner is ready to cooperate in the trial.

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

6. Heard the parties and perused the record, the petitioner above-named is directed to be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai, in connection with Bakhri P.S. Case No. 102 of 2022, with condition(s):-

Patna High Court CR. MISC. No.91533 of 2025(6) dt.05-05-2026 3/3 (i) the petitioner is directed to remain physically present before the learned Court below on each and every date, failure on two consecutive dates without reasonable cause, the bail bonds of the petitioner would be liable to be cancelled.

(ii) If the petitioner's involvement is found in similar nature of offence in the future, the prosecution will be at liberty to move for cancellation of his bail bonds.

7. The application stands allowed.

(Praveen Kumar, J) Jyoti/- U T