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Patna High Court

Sanjeet Kumar @ Rambabu ThakurversusThe State of Bihar

Decided
Disposal
ALLOWED

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


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