Patna High Court
Sikandar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted because no material recovery was shown against the petitioner and the charge‑sheet had been filed, making continued custody unjustified.
Summary
The petitioner, Sikandar Kumar, was arrested in connection with a robbery alleged under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that five persons, identified the petitioner, robbed an informant at gunpoint. The petitioner claimed innocence, stating no incriminating material was recovered from him and he had not been subjected to an identification parade; he was already in custody since 20‑11‑2025 and had a prior case pending. The State opposed bail, but the court noted the absence of any recovery, the filing of the charge‑sheet, and the length of custody. Accordingly, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS. The bail order also stipulated attendance requirements and consequences for non‑compliance.
Issues considered
- Whether bail should be granted to the petitioner under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 despite the alleged involvement in a robbery.
- Whether the lack of material recovery and absence of an identification parade justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4), 480(3)
Subjects
- bail
- criminal procedure
- Section 309
- identification parade
- charge sheet
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25659 of 2026
Arising Out of PS. Case No.-357 Year-2025 Thana- KOTWA District- East Champaran
======================================================
Sikandar Kumar S/o Sudish Ray Resident of Village- Sirisiya Ward No. 12,
P.S.- Piprakothi, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Ms. Harsha Shashwat, Advocate
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Kotwa P.S. Case No. 357 of 2025 registered for
the alleged offences under Section 309(4) of Bharatiya Nyaya
Sanhita, 2023.
03. As per prosecution case, five persons stopped the
vehicle of the informant and at gunpoint snatched Rs. 10,000/-
cash, a gold chain, watch and a pendant from the informant. The
name of the petitioner was disclosed by one onlooker.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating has been recovered from person or
Patna High Court CR. MISC. No.25659 of 2026(2) dt.17-04-2026
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possession of the petitioner who is in custody since 20.11.2025.
Charge-sheet has been submitted. Learned counsel further
submits that the petitioner has not been put to any test
identification parade. The petitioner is having antecedent of one
case in which he is on bail.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that no recovery has been shown from this petitioner and
also considering the period of custody of the petitioner along
with submission of charge-sheet, the petitioner above named is
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate 1st Class,
East Champaran, Motihari/court concerned in connection with
Kotwa P.S. Case No. 357 of 2025, subject to the conditions
mentioned in Section 480(3) of BNSS and the following
conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
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every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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