Patna High Court
Parmod Kumar @ Arab KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- B.N.S. — s. 309(6)
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
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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
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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
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