Patna High Court
Bipin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court granted bail to the petitioner with conditions, finding no sufficient ground to deny release.
Summary
The petitioner, Bipin Kumar, was arrested in connection with a robbery in which six miscreants allegedly snatched valuables from a group of motorcyclists. He was charged under Section 310(2) of the B.N.S. after a co-accused, Ravi Kumar, identified him during investigation, although no incriminating article was recovered from his possession. The petitioner argued that the FIR originally named unknown persons, that he has four prior criminal antecedents which led to his identification, and that no T.I.P. had been conducted to confirm his involvement. The State opposed bail, citing the seriousness of the offence and the petitioner’s criminal record. The Court, after considering the lack of direct evidence against him and his custody since 25.06.2025, granted bail on a Rs.10,000 bond with two sureties and imposed several conditions, including regular reporting to the Superintendent of Police. The order clarified that any observations made would not affect the trial proceedings.
Issues considered
- Whether bail should be granted to the petitioner charged under Section 310(2) of the B.N.S. in view of the identification by a co-accused and his prior criminal antecedents
Legislation cited
- B.N.S. — s. 310(2)
Subjects
- bail
- criminal antecedent
- identification
- Section 310
- investigation
- surety
- police supervision
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85445 of 2025
Arising Out of PS. Case No.-502 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
Bipin Kumar S/o Bhondal Paswan @ Bhaidal Paswan @ Mahendra Paswan
R/o Village- Nauranga, P.S- Muffasil, Dist- Gayajee.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suraj Narain Yadav, Adv.
For the Opposite Party/s : Mr.Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the state.
2. The petitioner seeks bail in connection with
Mufassil P.S. Case No. 502 of 2025, dated 28.05.2025, instituted
for the offences under Sections 310(2) of the B.N.S.
3. As per prosecution case, the informant has alleged
that he along with his friends were coming on a motorcycle,
when six miscreants riding on two motorcycles intercepted them
and on the point of pistol they snatched golden locket, mobile
phone etc.
4. Learned counsel for the petitioner submits that the
F.I.R. was registered against six unknown person and the name
of the petitioner transpired during course of investigation,
wherein co-accused Ravi Kumar has named the petitioner. It has
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next been submitted that recovery was made from the
possession of the co-accused Ravi Kumar and no incriminating
article has been recovered from the conscious possession of the
petitioner. It has lastly been submitted that since the petitioner
carries four criminal antecedents, it was on that account that his
name has been stated at the behest of the Police and till date
even no T.I.P. has been conducted to ascertain the identity of the
petitioner to be involved in the present case. It has further been
submitted that the petitioner is in custody since 25.06.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Considering the aforesaid submissions, the
petitioner above named, is directed to be released on bail on
furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned C.J.M., Gaya in connection with Muffasil P.S. Case
No. 502 of 2025, subject to the following conditions:-
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the Court below, if so required by the
learned Trial Court.
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(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 be liable to be canceled by the Court concerned.
(iv) And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above mentioned order
shall not be delayed for purpose of the same or in the name of
verification.
(v). In view of the antecedents of the petitioner, the
petitioner is directed to appear before the Superintendent of
Police, within fifteen days of his release with a copy of this
order and every two weeks thereafter for the next nine months.
The conduct of the petitioner will be kept under watch in this
period by the Superintendent of Police concerned 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 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.
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7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
pravinkumar/-
U T
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