Patna High Court
Dharmendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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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