Created by Fuzzy Cloud

Patna High Court

Parmod Kumar @ Arab KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on a bond of Rs. 10,000 with conditions.

Summary

The petitioner, Parmod Kumar, was arrested on 17 February 2026 in connection with a loot case (Hilsa P.S. Case No. 117 of 2026) under Section 309(6) of the B.N.S. He contended that he has a clean antecedent and was falsely implicated, arguing that his name was not in the FIR and that the only link to him was a motorcycle recovered from his house, which he claimed belonged to him. The State opposed bail, noting that the motorcycle was found in the petitioner’s possession and had not yet been subjected to a test identification parade. The court considered the lack of direct evidence, the petitioner’s clean record, and the procedural aspects, and decided to grant bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence or witnesses, and verification of antecedents. The bail order also stipulated that failure to appear on two consecutive dates without sufficient reason would lead to cancellation of the bail.

Issues considered

  • Whether bail should be granted to the accused under Section 309(6) of the B.N.S. given the circumstances of the case.

Legislation cited

Subjects

  • bail
  • Section 309(6)
  • B.N.S.
  • criminal procedure
  • identification parade
  • motorcycle evidence
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30771 of 2026
                         Arising Out of PS. Case No.-117 Year-2026 Thana- HILSA District- Nalanda
                 ======================================================
                 Parmod Kumar @ Arab Kumar son of Dani Prasad @ Danveer Prasad
                 Resident of village - Haidarpur, Ps- Hilsa, Dist- Nalanda

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Manoj Kumar, Advocate
                 For the State            :        Mr. Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   06-05-2026                     Heard Mr. Manoj Kumar, learned counsel for the

                   petitioner and Mr. Abhay Kumar Roy, learned APP for the State.

                                 2. Petitioner seeks bail, who is in custody since

                   17.02.2026, in connection with Hilsa P.S. Case No. 117 of 2026,

                   F.I.R. dated 16.02.2026 registered for the offences punishable

                   under Sections 309(6) of the B.N.S..

                                 3. The F.I.R. of the occurrence of loot is against

                   unknown.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely

                   implicated in the present case.                He further submits that the

                   petitioner is not named in the F.I.R. and the name of the

                   petitioner has been transpired during investigation on the basis

                   of motorcycle bearing No. BR21AJ 8860 which was recovered
Patna High Court CR. MISC. No.30771 of 2026(2) dt.06-05-2026
                                            2/3




          from the house of the petitioner.                Learned counsel for the

          petitioner further submits that the motorcycle in question

          belonged to the petitioner and except the aforesaid, nothing has

          come during investigation to suggest the involvement of the

          petitioner in the present occurrence. The petitioner is in custody

          since 17.02.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for                  bail of the

          petitioner and submits that the mobile in question has been

          recovered from the possession of the petitioner but fairly

          submits that the same was not put on test identification parade

          as yet.

                       6. Considering the facts and circumstances of the

          case, let the petitioner, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          learned Additional Chief Judicial Magistrate-1, Hilsa, Nalanda

          in connection with Hilsa P.S. Case No. 117 of 2026, subject to

          the following conditions :-

                       (1) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and
               Patna High Court CR. MISC. No.30771 of 2026(2) dt.06-05-2026
                                                           3/3




                         on his absence on two consecutive dates without sufficient

                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioner.             However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.