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Patna High Court

Bipin KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.85445 of 2025(2) dt.06-01-2026
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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.
Patna High Court CR. MISC. No.85445 of 2025(2) dt.06-01-2026
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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.
           Patna High Court CR. MISC. No.85445 of 2025(2) dt.06-01-2026
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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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