Patna High Court
Sanjeet Kumar @ Rambabu ThakurversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Sanjeet Kumar, sought regular bail in a case registered under Section 309(4) of the BNS for alleged robbery at gunpoint, where the informant identified him from a photograph. The prosecution alleged that the petitioner, along with two others, seized the informant's mobile, cash and jewellery. The petitioner’s counsel argued that no incriminating material was recovered from him, he has multiple prior cases and claims he was framed, and that the parties had reached a compromise. The State opposed the bail. Considering the circumstances, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 309(4) of the BNS despite the nature of the alleged offence and his criminal antecedents
- Whether the compromise between the parties influences the grant of bail
- Whether the identification of the petitioner from a photograph suffices to deny bail
Legislation cited
- BNS — s. 309(4)
Subjects
- regular bail
- Section 309(4) BNS
- robbery
- criminal antecedent
- compromise
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13846 of 2026
Arising Out of PS. Case No.-378 Year-2025 Thana- BIBHUTIPUR District- Samastipur
======================================================
Sanjeet Kumar @ Rambabu Thakur S/O Devu Thakur Resident of Village-
Karakh, P.S- Bibhutipur, Distt.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhav Kumar, Advocate
For the Opposite Party/s : Mr. Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Section 309(4) of the
BNS.
3. The case of the prosecution, in short, is that three
persons on a bike intercepted the informant and on gun point
took away his mobile, Rs.20,000/- and gold jewellery. The
informant has seen the registration number of the said bike
which is BR 3936. On this information police reached there and
a photograph was handed over to the informant which was
identified by him and that photograph was of that petitioner.
4. Learned counsel for the petitioner submits that
nothing has been recovered from the possession of this
Patna High Court CR. MISC. No.13846 of 2026(2) dt.12-03-2026
2/2
petitioner. Learned counsel for the petitioner has further
submitted that as the petitioner is having criminal antecedent of
eight cases, he has been framed in this case. It has further been
submitted that due to intervention of well-wishers, good sense
has prevailed and parties have compromised before learned trial
court. Learned counsel for the petitioner has submitted that the
petitioner is in judicial custody since 05.12.2025.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Bibhutipur P.S. Case No. 378 of 2025
on furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
SDJM, Rosera, Samastipur.
(Ashok Kumar Pandey, J)
durgesh/-
U T
Checking your session…