Patna High Court
Kranti KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and conditions.
Summary
The petitioner, Kranti Kumar, was arrested on 19 September 2025 in connection with a robbery alleged under Section 304(2) of the Bharatiya Nyay Sanhita, 2023. The prosecution’s case is based on the testimony of an informant and the confessional statements of co‑accused, with no material recovered from the petitioner and no TIP conducted. The petitioner contended that he was not named in the FIR, was falsely implicated, and that the charge sheet was filed solely on the co‑accused’s confession. The State opposed bail, citing seven prior criminal cases against the petitioner, though he is already on bail in other matters. The court, after considering the lack of direct evidence and the petitioner’s cooperation, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding attendance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail can be granted to an accused under Section 304(2) of the Bharatiya Nyay Sanhita, 2023 despite prior criminal antecedents
- Whether the confession of a co‑accused and absence of material evidence justify bail
- Whether the petitioner’s alleged false implication and lack of TIP affect bail eligibility
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 304(2)
Subjects
- bail
- Section 304(2)
- Bharatiya Nyay Sanhita
- criminal antecedents
- co‑accused confession
- TIP
- charge sheet
- robbery
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12720 of 2026
Arising Out of PS. Case No.-744 Year-2025 Thana- MADHEPURA District- Madhepura
======================================================
Kranti Kumar Son of Ramchandra Yadav Resident of Village - Sahugardh,
Bazar Tola, Ward No.- 9, P.S. and District - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rupesh Kumar, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 29-04-2026 Heard Mr. Rupesh Kumar, learned counsel for the
petitioner as well as Mr. Ajit Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
19.09.2025 in connection with Madhepura P.S. Case No. 744 of
2025, F.I.R. dated 09.07.2025 for the offences punishable under
Sections 304(2) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant
alleged that when he was returning from Jhitkiyar to Madhepura
on his motorcycle, in the way, three miscreants riding on
motorcycle dashed from the backside, due to which he fell down
and the miscreants looted away two mobile-phone as well as
motorcycle, including purse and then fled away towards
Laxminiya.
Patna High Court CR. MISC. No.12720 of 2026(3) dt.29-04-2026
2/3
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. Petitioner is not named in the FIR and his name
transpired during investigation on the basis of confessional
statement of co-accused, namely, Chandan Kumar and thereafter
the petitioner confessed his guilt in the present occurrence but
nothing was recovered from the conscious possession of the
petitioner and till date no TIP has been conducted by the
prosecution. He further submits that the police after
investigation submitted the charge sheet against the petitioner
and the petitioner is in custody since 19.09.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner carries seven criminal antecedents
other than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in the pending matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned C.J.M.,
Madhepura in connection with Madhepura P.S. Case No. 744 of
Patna High Court CR. MISC. No.12720 of 2026(3) dt.29-04-2026
3/3
2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. 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 or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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