Patna High Court
Randhir Kumar @ Randhir SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions of cooperation.
Summary
The petitioner, Randhir Kumar, applied for regular bail in a case registered under Section 304 of the Bharatiya Nyaya Sanhita, 2023, alleging that he was falsely implicated in a robbery of Rs.55,000. The prosecution alleged that two accused snatched the bag from an informant, but the FIR named the accused as unknown. The petitioner argued that no incriminating article was recovered from him, he had been in custody for six months without a T.I. parade, and the chargesheet was filed despite these deficiencies. The court noted the lack of material evidence against the petitioner and the procedural lapses, and therefore ordered his release on bail subject to a bond of Rs.10,000 with two sureties and conditions of cooperation. The bail may be cancelled if the trial is delayed due to the petitioner’s non‑cooperation.
Issues considered
- Whether regular bail should be granted to the petitioner under Section 304 of the Bharatiya Nyaya Sanhita, 2023 despite the seriousness of the alleged offence.
- Whether the absence of any incriminating article and the failure to conduct a T.I. parade justify the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 304
Subjects
- regular bail
- section 304
- Bharatiya Nyaya Sanhita
- criminal procedure
- chargesheet
- T.I. parade
- non‑cooperation
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18179 of 2026
Arising Out of PS. Case No.-247 Year-2025 Thana- MANIYARI District- Muzaffarpur
======================================================
Randhir Kumar @ Randhir Singh Son of Late Radhe Singh R/O-
Sisauniprabodhi, P.S.- Sarai, Post- Sarai, District-Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Siddhartha Prasad, Advocate
Mr. Rahul Kumar, Advocate
Mr. Om Prakash Kumar, Advocate
Mr. Shantam Kriti, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 25-03-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Maniyari P.S. Case
no.247 of 2025 registered under section 304 of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, while the informant
was returning from his shop on his motorcycle, it is stated that
two accused persons on another motorcycle snatched the bag
that he was carrying with Rs.55,000/ in cash besides other
documents and escaped.
4. Learned counsel for the petitioner submits that the
FIR was registered against unknown. The petitioner was falsely
Patna High Court CR. MISC. No.18179 of 2026(2) dt.25-03-2026
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implicated in the case in course of investigation on the ground
of his criminal antecedents. Neither any incriminating article
has been recovered from his possession and inspite of the
petitioner having remained in custody since 24.9.2025, he has
not been put on T.I. parade and chargesheet has been submitted
in the case. The petitioner undertakes to cooperate in the
case/trial and to abide by any condition which may be laid by
this Court for his release on bail.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the material
that has transpired in course of investigation as is evident from
the order of the learned trial Court, no incriminating article
having been recovered from the petitioner’s possession and
chargesheet having been submitted in the case without putting
the petitioner on T.I. parade inspite of his being in custody for
six months since 24.9.2025, the Court directs the petitioner to be
enlarged on bail in connection with Maniyari P.S. Case no.247
of 2025 on furnishing bail bond of Rs.10,000/ (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Chief Judicial Magistrate
Patna High Court CR. MISC. No.18179 of 2026(2) dt.25-03-2026
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VIII, Muzaffarpur on the following conditions:
(i) The petitioner shall cooperate in the trial and shall
remain properly represented on each date of the trial.
(ii) In case the learned trial Court is of the opinion
that the trial is being delayed due to non-cooperation on part of
the petitioner, the learned trial Court may cancel the bail bond of
the petitioner and take him into custody till conclusion of the
trial.
(Partha Sarthy, J)
Saurabh/-
U T
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