Patna High Court
Abhishek Kumar @ Abhishek SonarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Negotiable Security Act — s. 480
- Indian Penal Code — s. 392
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
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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
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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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