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Patna High Court

Abhishek Kumar @ Abhishek SonarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court ordered the release of the petitioner on bail, subject to conditions under Section 480(3) of the BNSS.

Summary

The petitioner, Abhishek Kumar, was arrested in connection with a robbery under Section 392 of the Indian Penal Code, where three assailants allegedly stole valuables from an informant. The prosecution’s case linked the petitioner to the crime based on a confessional statement recorded in a separate case, without any identification parade or material evidence recovered from him. The petitioner’s counsel argued his innocence, highlighted his multiple pending cases for which he was already on bail, and noted that he had been in custody since May 2024 with charges framed. The State opposed bail. Considering the length of custody, lack of incriminating evidence, and the petitioner’s bail history, the court granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions under Section 480(3) of the BNSS and additional personal surety requirements.

Issues considered

  • Whether bail should be granted to the accused under Section 392 IPC given the circumstances of the case.
  • Whether the confessional statement recorded in a different case suffices to justify continued detention without an identification parade.
  • Whether the conditions prescribed under Section 480(3) of the BNSS are applicable to the bail order.

Legislation cited

Subjects

  • bail
  • robbery
  • Section 392 IPC
  • identification parade
  • confessional statement
  • BNSS
  • Section 480(3)
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32431 of 2026
                   Arising Out of PS. Case No.-322 Year-2021 Thana- ADAPUR District- East Champaran
                 ======================================================
                 Abhishek Kumar @ Abhishek Sonar S/o- Bhola Sah @ Ranjeet Sah R/v-
                 Shyampur Bazar Ps- Adapur Dist- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Hemant Ray, Advocate
                 For the Opposite Party/s :       Mr.Renuka Ratnakar (App.125)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   12-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                02. In the present case, the petitioner seeks bail in

                   connection with Adapur P.S. Case No. 322 of 2021 registered

                   for the alleged offences under Section 392 of the Indian Penal

                   Code.

                                03. As per prosecution case, three miscreants overtook

                   the motorcycle of the informant and at gunpoint, snatched gold

                   ring, gold chain, cash of Rs. 2,000/-, mobile phone and

                   motorcycle from informant. The name of the petitioner came up

                   during investigation for being involved in the robbery.

                                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.32431 of 2026(2) dt.12-05-2026
                                            2/3




          possession of the petitioner. The name of the petitioner came up

          in this case on the basis of his confessional statement recorded

          in Adapur P.S. Case No. 300 of 2023. The petitioner has not

          been put to any test identification parade to ascertain the identity

          of the petitioner as an accused. The petitioner is having

          antecedent of 11 cases and he is on bail in all such cases.

          Learned counsel further submits that the petitioner is in custody

          since 14.05.2024 and charges have been framed.

                       05. Learned APP for the State opposes the prayer for

          bail.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          period of custody of the petitioner along with framing of charge

          against him, 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, Raxaul,

          Motihari, East Champaran/court concerned in connection with

          Adapur P.S. Case No. 322 of 2021, 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
           Patna High Court CR. MISC. No.32431 of 2026(2) dt.12-05-2026
                                                       3/3




                                  the petitioner.

                                  (ii) The petitioner will remain present on each and

                                  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


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