Patna High Court
Sumit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petitioner is entitled to regular bail subject to a bond of Rs.10,000 and the conditions imposed by the court.
Summary
The petitioner, Sumit Kumar, was arrested under Section 309(4) of the B.N.S. for allegedly participating in a robbery of Rs. 2.5 lakh from an SBI cash van, along with co‑accused. He contended that he was falsely implicated, relying on the confessional statement of another accused and the absence of any incriminating material recovered from him or his residence. The prosecution opposed bail, citing his three prior criminal antecedents, but the petitioner had already been in custody since 30‑07‑2025 and offered to cooperate with the trial. The court noted that a similarly situated co‑accused had already been granted regular bail by a coordinate bench and that there was no risk of absconding or evidence tampering. Considering these factors, the court ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties and imposed conditions of personal appearance and cooperation. The bail order is subject to cancellation if the petitioner fails to appear on two consecutive dates without sufficient cause.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 309(4) of the B.N.S. despite prior criminal antecedents and the nature of the alleged offence.
Legislation cited
- B.N.S. — s. 309(4)
Subjects
- regular bail
- Section 309(4)
- B.N.S.
- robbery
- false implication
- confessional statement
- criminal antecedents
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11281 of 2026
Arising Out of PS. Case No.-270 Year-2025 Thana- BIHARIGANJ District- Madhepura
======================================================
Sumit Kumar Son of Dinesh Yadav Resident of Village - Tulsiya, P.S.-
Bihariganj, District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr Sanjay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in a case registered
under Section 309(4) of the B.N.S.
3. As per prosecution case, on the alleged date of
occurrence two accused persons including petitioner looted
away cash of Rs.2, 50,000/- on the gunpoint from C.S.P. (S.B.I.)
run by informant’s wife Laxmi Kumari with the help of her
husband, and fled away.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case merely on the basis of confessional statement of co-
accused Nitin Kumar @ Nitish Kumar. No incriminating article
has been recovered either from conscious possession of
Patna High Court CR. MISC. No.11281 of 2026(2) dt.24-02-2026
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petitioner or from his house. Similarly situated co-accused,
namely, Md. Kabool has already been granted regular bail by a
Coordinate Bench of this Court vide order dated 03.12.2025
passed in Cr. Misc. No.78406 of 2025. The charge sheet has
already been submitted and there is no chance of absconding of
the petitioner or tampering with the evidence. Petitioner has
three criminal antecedents in which he is on bail. Petitioner is in
jail since 30.07.2025 and he undertakes to cooperate in the trial.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioner.
6. Considering the facts and circumstances of the
case, submissions of the parties, allegation against the petitioner
and the fact that similarly situated co-accused has already been
granted regular bail by a Coordinate Bench of this Court and the
period of custody undergone by him, let the above named
petitioner 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 learned S.D.J.M.,
Udakishunganj, Madhepura/concerned court in connection with
Bihariganj P.S. Case No.270 of 2025 subject to the conditions
that:
(i) One of the bailors shall be own/close family
Patna High Court CR. MISC. No.11281 of 2026(2) dt.24-02-2026
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member of the petitioner.
(ii) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
concerned and shall remain physically present as directed by the
Court concerned and on his absence on two consecutive dates
without sufficient reason, his bail bond shall be cancelled by the
Court concerned.
(Sunil Dutta Mishra, J)
Harish/-
U T
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