Patna High Court
Jhunna Kumar Sah @ Jhunna KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court inclined to extend bail to the petitioner with conditions, despite the charges being framed and his antecedents.
Summary
The petitioner, Jhunna Kumar Sah, was arrested in connection with an ATM robbery case (PS Case No. 229 of 2025) and has been in custody since 23 April 2025. The FIR alleged his participation based on the testimony of a co-accused who was later granted bail. The petitioner’s counsel argued that he would appear regularly in court and cited the grant of bail to the co-accused as a precedent. The State opposed bail on the ground of the petitioner’s criminal antecedents. Considering that charges have been framed, the petitioner has been in custody for a considerable period, and he gave an undertaking to appear and not tamper with evidence, the court granted bail subject to stringent conditions, including surety, regular court appearances, police attendance, and non‑interference with witnesses.
Issues considered
- Whether bail should be granted to the petitioner despite the framing of charges and his criminal antecedents
- Whether the grant of bail to a co‑accused influences the decision on the petitioner's bail
Legislation cited
- B.N.S. — s. 303(2), 318(4), 319(2), 336(3), 338, 340(2), 3(5)
Subjects
- bail
- criminal procedure
- pre‑trial detention
- conditions of bail
- ATM robbery
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19563 of 2026
Arising Out of PS. Case No.-229 Year-2025 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
Jhunna Kumar Sah @ Jhunna Kumar S/o- Nagendra Sah R/v- Jaukatiya
W.No-4, Ps- Majhauliya Dist- West Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mrs.Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 03-04-2026 Heard Mr.Abhishek Kumar, learned counsel for the
petitioner and Mrs.Asha Kumari, learned APP for the State.
2. The petitioner is in custody in connection with
Motihari (Town) P.S. Case No. 229 of 2025 registered for the
offence punishable under Sections 319(2), 318(4), 303(2), 338,
336(3), 340(2) and 3(5) of the B.N.S., lodged on 18.03.2025 by
the informant Praveen Kumar Pandey.
3. As per the prosecution story, the informant on
secret information about young persons standing in suspicious
condition near IDBI ATM, raided the place. As the accused
wanted to escape, the Police managed to caught hold of one
person while the others took advantage of the darkness and
escaped. The person apprehended was Ashfak Alam and he give
the details of their modus operandi and further disclosed the
name of this petitioner as one of the accomplice. This led to the
F.I.R.
Patna High Court CR. MISC. No.19563 of 2026(2) dt.03-04-2026
2/3
4. Learned counsel for the petitioner submits that he
has remained in custody since 23.04.2025, charges have been
framed, if granted bail, he shall be diligently appearing in trial
and shall not indulge in any criminal activities failing which the
State can take steps for cancellation of bail bond, if granted
relief. Further submissions is that co-accused Asfak Alam has
been granted relief in Cr. Misc. No. 60793 of 2025 (Annexure-3
to the petition) by a coordinate bench.
5. Learned APP opposes the prayer submitting that he
has criminal antecedent.
6. Considering the submissions of the parties as also
that the charges have been framed, he is in custody since
23.04.2025, an undertaking has been given that he shall be
diligently appearing in trial, in that background, this Court is
inclined to extend him the privilege of bail with conditions.
7. 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 Chief Judicial
Magistrate, East Champaran, Motihari, in connection with
Motihari (Town) P.S. Case No. 229 of 2025 subject to the
following conditions:
(i) one of the bailor should be the family
Patna High Court CR. MISC. No.19563 of 2026(2) dt.03-04-2026
3/3
member/relative of the petitioner who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) to show his 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 fortnight for next six months to mark his
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(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)
Ravi/-
U T
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