Patna High Court
Indrajeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court held that bail may be granted, subject to strict conditions, even in view of the petitioner’s criminal antecedents and the nature of the offences.
Summary
The petitioner, Indrajeet Kumar, was arrested in connection with a chain‑snatching incident and charged under sections 304(2), 317(2) and 3(5) of the B.N.S. His earlier bail application had been rejected. He filed a second bail application, claiming that he would appear regularly in court and not indulge in any further criminal activity. The State opposed bail on the ground of his criminal antecedents. The Court, after considering the length of his custody, the petitioner’s undertaking and the need to ensure his appearance, decided to grant bail subject to stringent conditions including surety, regular attendance before the police station and non‑interference with witnesses. The order releases the petitioner on bail upon furnishing a bond of Rs.10,000 with two sureties and compliance with the stipulated conditions.
Issues considered
- Whether bail should be granted to the petitioner despite serious charges and prior criminal antecedents
Legislation cited
- B.N.S. — s. 304(2), 317(2), 3(5)
Subjects
- bail
- criminal antecedents
- section 304(2)
- section 317(2)
- section 3(5)
- conditions of bail
- Indian criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15860 of 2026
Arising Out of PS. Case No.-111 Year-2025 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
Indrajeet Kumar Son of Amarjeet Sah R/o Mohanpur, P.S. - Bibhutipur Dist-
Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nakul Kumar Jamuar, Advocate
: Mrs. Geeta Kumari, Advocate
For the State : Mr. Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 11-03-2026 Heard Mrs. Geeta Kumari, learned counsel for
the petitioner and learned APP representing the State.
2. The petitioner is in custody in connection with
Begusarai Muffasil P.S. Case No. 111 of 2025 for the offence
punishable under sections 304(2), 317(2) and 3(5) of the B.N.S.,
lodged on 06.04.2025 by the informant, Rakhi Kumari.
3. As per the prosecution story, the informant alleged
that while moving on E-rickshaw during shifting of her flat, as
she reached Hardia Petrol Pump, two persons on motorcycle
snatched her golden chain. This led to the F.LR..
4. Earlier, the bail application of the petitioner was
rejected in Cr. Misc. No. 55312 of 2025 (Indrajeet Kumar vs.
The State of Bihar) on 12.08.2025. This is second bail
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application.
5. Learned counsel for the petitioner submits that
because of criminal antecedents, he has suffered a lot and is in
custody since 07.04.2025, if granted relief, he shall be diligently
appearing in trial and further shall not indulge in any criminal
activity failure to do so the State shall take steps for cancellation
of his bail bond.
6. Learned APP opposes the prayer for bail submitting
that he has criminal antecedents.
7. Considering the submissions of the parties as also
his period of custody and an undertaking has been given that he
shall be diligently appearing in trial and further shall not indulge
in any criminal activity, in that background, this Court is
inclined to extend him the privilege of bail.
8. Let the petitioner be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten thousand) with two sureties of
like amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-I, Begusarai, in connection with Begusarai
Muffasil P.S. Case No. 111 of 2025 subject to the following
conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
Patna High Court CR. MISC. No.15860 of 2026(2) dt.11-03-2026
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document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every month for one year to mark his attendance
and at the end of the period a certificate be submitted before the
Trial Court;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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