Patna High Court
Shekhar Kumar SinhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, subject to cash bond, sureties and conditions of appearance.
Summary
Shekhar Kumar Sinha was arrested in connection with a robbery and assault case (Garbandanga P.S. Case No. 30 of 2025) and charged under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that three persons in an Ertiga vehicle attacked an informant, stole Rs.10,000 and that the petitioner, as the owner of the Ertiga, was involved. The petitioner’s counsel argued that he was falsely implicated, was not present at the scene, there was an unexplained six‑day delay in filing the FIR, no incriminating material was recovered from him, and no T.I.P. had been conducted. The State opposed bail, citing the seriousness of the offence and the petitioner’s prior criminal antecedent. Considering the lack of direct evidence, the delay in the FIR and the petitioner’s claim of non‑involvement, the Court inclined to grant bail subject to a cash bond of Rs.15,000, two sureties and conditions of appearance. The order released the petitioner on bail with the stipulated conditions.
Issues considered
- Whether bail should be granted to the petitioner under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023 in view of the alleged delay in FIR, lack of incriminating material and the petitioner’s claim of false implication.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(6)
Subjects
- bail
- false implication
- delay in FIR
- Section 309(6)
- criminal procedure
- turn‑over of statements
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10198 of 2026
Arising Out of PS. Case No.-30 Year-2025 Thana- GARVANDANGA District- Kishanganj
======================================================
Shekhar Kumar Sinha Son of Basant Kumar Sinha Resident of Village-
Tedhari, P.S.- Jiyapokhar, District- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Advocate
For the Opposite Party/s : Mr. Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Garbandanga (Garamdaga) P.S. Case No. 30 of 2025, Sessions
Trial No. 361 of 2025 instituted for the offences under Section
309(6) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that three accused
persons traveling in Ertiga car stopped the pickup vehicle of the
informant, assaulted him and his cleaner, and forcibly took Rs.
10,000/-from his purse and fled away.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Learned counsel further submitted that there is a delay of six
Patna High Court CR. MISC. No.10198 of 2026(2) dt.10-03-2026
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days in lodging the FIR without any plausible explanation,
which in itself, raises doubt over the prosecution story. Learned
counsel further submitted that the petitioner was not present at
the place of occurrence. He further contended that the name of
the petitioner transpired in this case as being the owner of the
Ertiga vehicle. No incriminating article has been recovered from
the conscious possession of the petitioner. Learned counsel
further submitted that T.I.P. has not been conducted till date to
ascertain the involvement of the petitioner in the alleged
offence. Learned counsel further submitted that petitioner has
got no concern with the alleged occurrence. It has been
submitted on behalf of the petitioner that the petitioner is in
custody since 08.08.2025 and has one criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to 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 on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Garbandanga
Patna High Court CR. MISC. No.10198 of 2026(2) dt.10-03-2026
3/3
(Garamdaga) P.S. Case No. 30 of 2025, Sessions Trial No. 361
of 2025, 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.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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