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Patna High Court

Shekhar Kumar SinhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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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