Patna High Court
Nayan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner with conditions.
Summary
The petitioner, Nayan Kumar, was arrested in connection with a robbery, assault and theft alleged under Section 309(6) of the Bihar Negotiable Instruments Act. The FIR states that four persons attacked the informant, stole Rs.10,000, a mobile phone and a bike. The petitioner sought regular bail, claiming that the case had been compromised and a compromise petition was filed in the trial court. The State opposed bail, highlighting the petitioner’s criminal antecedent of eight pending cases. After hearing both sides, the High Court granted bail on a bond of Rs.10,000 with two sureties and ordered weekly attendance at Bodh Gaya Police Station.
Issues considered
- Whether regular bail should be granted to the petitioner in a case under Section 309(6) of the Bihar Negotiable Instruments Act despite the seriousness of the offence and his criminal antecedents
- Whether the filing of a compromise petition affects the grant of bail
Legislation cited
- Bihar Negotiable Instruments Act — s. 309(6)
Subjects
- bail
- regular bail
- Section 309(6)
- Bihar Negotiable Instruments Act
- robbery
- assault
- theft
- criminal antecedent
- compromise petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14603 of 2026
Arising Out of PS. Case No.-488 Year-2025 Thana- FATEHPUR District- Gaya
======================================================
Nayan Kumar, Son of Dharmendra Kumar, Resident of Village- Dhobini
Bisiyait, P.S.- Meskaur, District- Nawada (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 25-02-2026 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(6) of the
BNS.
3. The case of the prosecution, in short, is that while
the informant was going on bike, four persons intercepted him
and threatened to kill him and four of them started beating him.
It is further alleged that they snatched Rs.10,000/- and a mobile
along with the bike from him and ran away.
4. Learned counsel for the petitioner has submitted
that the name of this petitioner is there in the FIR itself it is
alleged that the informant informed the police and handed over
the mobile number of Manish and they were apprehended by
Patna High Court CR. MISC. No.14603 of 2026(2) dt.25-02-2026
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police. It has further been submitted that due to intervention of
well-wishers, parties have compromised the case and they have
filed compromise petition in the learned trial Court. The
petitioner is in judicial custody since 02.07.2025.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer of bail to the petitioner and
has submitted the petitioner is having criminal antecedent of
eight cases.
6. Having heard learned counsel for the parties and
considering the 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
Fatehpur P.S. Case No. 488 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 Chief Judicial Magistrate,
Gaya with the condition that petitioner shall mark his
attendance weekly at Bodh Gaya P.S.
(Ashok Kumar Pandey, J)
lata/-
U T
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