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Patna High Court

Dharmendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to the conditions prescribed under Section 480(3) of the B.N.S.S.

Summary

The petitioner, a 20‑year‑old student, applied for bail in a case registered under Section 309(6) of the BNS for allegedly participating in a robbery where the informant was threatened and forced to transfer Rs.49,000 via QR code. The prosecution alleged that two persons hired the informant's vehicle, assaulted him, and the petitioner was implicated during investigation. The petitioner contended that he was falsely implicated, had no incriminating material recovered, no money transferred to his account, and possessed a clean criminal record. The State opposed bail, but the court noted the absence of any recovery, the petitioner’s clean antecedent, the filing of the charge sheet, and the length of custody. Consequently, the court granted bail on a Rs.10,000 bond with two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and additional specific requirements.

Issues considered

  • Whether bail should be granted to the accused under Section 309(6) of the BNS in the absence of material recovery and given a clean antecedent.

Legislation cited

Subjects

  • bail
  • Section 309(6)
  • Section 480(3)
  • clean antecedent
  • charge sheet
  • suspicion
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.33 of 2026
                       Arising Out of PS. Case No.-554 Year-2025 Thana- RAJGIR District- Nalanda
                 ======================================================
                 Dharmendra Kumar S/o Ishwar Noniya R/o Village - Saur, P.S - Warsaliganj,
                 District - Nawada
                                                                        ... ... Petitioner/s

                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Raj Kishor Prasad, Advocate
                 For the Opposite Party/s :       Mr.Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   26-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

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

                   connection with Rajgir P.S. Case No. 554 of 2025 registered for

                   the alleged offences under Section 309(6) of BNS.

                                03. As per prosecution case, two persons hired the

                   vehicle of the informant and subsequently, waylaid him

                   threatening him with gun and knife. The miscreants also

                   assaulted the informant and compelled him to transfer

                   Rs.49,000/- to their account through QR code. The name of the

                   petitioner transpired during investigation for being involved in

                   the occurrence.

                                04. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.33 of 2026(3) dt.26-02-2026
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          case. The petitioner is 20 years old student and nothing

          incriminating has been recovered from the person or possession

          of the petitioner. No amount has been transferred to the account

          of the petitioner. The petitioner has been made accused in this

          case merely on suspicion. The confessional statement recorded

          by the police has got no legal sanctity. The petitioner has no

          criminal antecedent. The petitioner is in custody since

          17.09.2025 and charge sheet has been submitted.

                       05. Learned APP opposes the submission made on

          behalf of the petitioner.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          fact that no recovery has been shown from the petitioner and

          further considering the period of custody of the petitioner, his

          clean antecedent and submission of charge sheet, 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 Chief Judicial

          Magistrate, Nalanda, Biharsharif/concerned Court in connection

          with Rajgir P.S. Case No. 554 of 2025, subject to the conditions

          mentioned in Section 480(3) of B.N.S.S. and also the following

          conditions :
            Patna High Court CR. MISC. No.33 of 2026(3) dt.26-02-2026
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                                              (i) One of the bailors will be a close relative

                                              of 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.

                                              (iv) If further criminal activity of the

                                              petitioner is brought to the notice of the

                                              authority, his bail bond will be cancelled

                                              immediately.



                                                (Arun Kumar Jha, J)

    DKS/-

U       T


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