Rana Kumar @ Rana Pratap Das Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Rana Kumar @ Rana Pratap Das Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted; petitioner to be released on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Hayaghat P.S. Case No. 177 of 2024.

Issue for consideration

Whether the petitioner — not named in the FIR and stated to have transpired only through the confessional statement of co-accused Saurabh Kumar Singh, in custody since 28.10.2024, claiming parity with a co-accused already granted regular bail — should be granted regular bail in connection with Hayaghat P.S. Case No. 177 of 2024 (offences under Sections 309(4), 317(2) and 317(5) of the Bharatiya Nyaya Sanhita, 2023).

Court's answer

Considering the facts and circumstances of the case, the period of custody undergone by the petitioner and the claim based on parity, this Court was inclined to grant bail to the petitioner.

Ratio / Principle

The petitioner was directed to be released on bail upon furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court, in connection with Hayaghat P.S. Case No. 177 of 2024.

Detailed headnote1 paragraphs

Bail granted — Patna High Court (Rudra Prakash Mishra, J., order dt. 04-04-2025) allowed regular bail to Rana Kumar @ Rana Pratap Das in Hayaghat P.S. Case No. 177 of 2024 (District Darbhanga), instituted for offences under Sections 309(4), 317(2) and 317(5) of the Bharatiya Nyaya Sanhita, 2023. Counsel urged that the petitioner is innocent and not named in the FIR, having transpired only through the confessional statement of co-accused Saurabh Kumar Singh; further points urged were absence of any recovery from the petitioner, failure to identify him in the T.I. parade, a 13-day delay in lodging the FIR, custody since 28.10.2024 and no criminal antecedent; parity was claimed with a similarly situated co-accused granted regular bail vide order dated 04.03.2025 in Cr. Misc. No. 10162 of 2025. Taking into account the period of custody undergone and the parity claim, the Court granted bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Court below. Counsel's assertions are recorded as submissions, not findings.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8754 of 2025

Arising Out of PS. Case No.-177 Year-2024 Thana- HAYAGHAT District- Darbhanga

======================================================

Rana Kumar @ Rana Pratap Das Son of Guddu Das @ Ram Jaipas Das @ Ram Japit Das Resident of Village - Rasalpur Kothi, P.S. - Hayaghat, District - Darbhanga

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Hemant Kumar Jha, Advocate For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

3 04-04-2025

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Hayaghat P.S. Case No. 177 of 2024, instituted for the offences punishable under Sections 309(4), 317(2) and 317(5) of the Bharatiya Nyaya Sanhita, 2023.

The prosecution case, in short, is that, co-accused Saurabh Kumar Singh along with two unknown miscreants looted Rs. 6000/- and mobile phone of the informant on the point of knife.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.8754 of 2025(3) dt.04-04-2025 2/3

the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused, namely, Saurabh Kumar Singh and the same has got no evidentiary value. There is delay of 13 days in lodging the FIR. It is next submitted that no recovery of looted articles have been made from the possession of the petitioner. The petitioner has not been identified in T.I. parade. The petitioner is in custody since 28.10.2024 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated coaccused has been granted regular bail by this Court vide order dated 04.03.2025 passed in Cr. Misc. No. 10162 of 2025.

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

Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

Let the petitioner be released 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 Court

Patna High Court CR. MISC. No.8754 of 2025(3) dt.04-04-2025 3/3

below/concerned Court in connection with Hayaghat P.S. Case

No. 177 of 2024.

(Rudra Prakash Mishra, J)

Rajorshi/-

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