Patna High Court
Ujjawal Kumar @ Ujjawal Dubey @ Ujjawan DubeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted bail, finding that the identification was insufficient to establish a prima facie case against the petitioner.
Summary
The petitioner, Ujjawal Kumar, was named in FIR No. 553 of 2025 for alleged participation in a robbery involving the snatching of a bike key, money and a gold chain. The informant identified the petitioner solely on the basis of being a co‑villager, without specifying any overt act linking him to the crime. The petitioner’s counsel argued that the identification was insufficient to establish a prima‑facie case, especially given the petitioner’s pending bail in two other criminal matters. The State opposed bail, citing the seriousness of the offences listed under Sections 115(2), 126(2), 304(2), 351(2), 351, 3(5) of the Bihar Negotiable Statutes (BNS). The Court held that, in the absence of specific overt acts attributed to the petitioner, the implication was doubtful and therefore granted bail on a bond of Rs. 10,000 with two sureties, subject to Section 482(2) of the Bihar Negotiable Statutes (BNSS). The order directed the petitioner to surrender within four weeks and comply with the bail conditions.
Issues considered
- What is the adequacy of identification of the petitioner in the FIR for granting bail?
- Whether the petitioner’s alleged involvement, without specific overt acts, warrants denial of bail under Section 482(2) of BNSS?
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 115(2), 126(2), 304(2), 3(5), 351, 351(2)
- Bihar Negotiable Statutes (BNSS) — s. 482(2)
Subjects
- bail
- identification
- FIR
- prima facie
- Section 482
- Bihar criminal law
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31488 of 2026
Arising Out of PS. Case No.-553 Year-2025 Thana- CHIRAIYA District- East Champaran
======================================================
Ujjawal Kumar @ Ujjawal Dubey @ Ujjawan Dubey S/o Sri Chunu Dubey
@ Chunu Dubey @ Prem Prakash Priyanshu Resident of Village- Mirpur,
Police Station- Chiraiya, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Karandeep Kumar
For the Opposite Party/s : Mr.Awadhesh Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 14-05-2026 Heard the parties.
2.The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Chiraiya P.S.
Case No. 553 of 2025 registered for the offences
punishable under Sections 115(2), 126(2), 304(2),
351(2), 351, 3(5) of BNS.
3. As per FIR 10 persons alleged to snatch key
of bike, money and a gold chain from informant after
stopping his motorcycle. Informant claimed to identify
two person out of 10 person, where one was this
petitioner.
Patna High Court CR. MISC. No.31488 of 2026(2) dt.14-05-2026
2/3
4. It is submitted by learned counsel appearing
on behalf of the petitioner that petitioner was identified
for the reason that he is co-villager of the informant. It
is pointed out that the FIR suggest that petitioner was
identified by the informant during the course of
occurrence despite of that informant failed to say that
what overt act was attributed by this petitioner as to
whether he involve in snatching of key of bike,
suspicious. Explaining criminal antecedents, it is
submitted that petitioner found involved in two more
criminal cases where he is on bail.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and
by taking note of fact as prima-facie despite of knowing
the petitioner no specific overt act appears attributed
against petitioner which makes his implication prima-
facie doubtful with present crime in question, accordingly
petitioner above-named, in the event of his arrest or
surrender before the court below within a period of four
Patna High Court CR. MISC. No.31488 of 2026(2) dt.14-05-2026
3/3
weeks, is directed to be released on bail, furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of
the learned SDJM, East Champaran at Motihari
/concerned Court, where the case is pending in
connection with Chiraiya P.S. Case No. 553 of 2025,
subject to the conditions as laid down under Section
482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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