Patna High Court
Kishan Kumar @ Krishna @ Krishna SadaversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied to the petitioner.
Summary
Kishan Kumar petitioned for bail in a robbery case (Section 309(4) of the Bharatiya Nyay Sanhita, 2023) for which he has been in custody since 04-05-2025. The prosecution alleged that he, based on a confessional statement, possessed the knife used in the robbery and Rs.9,500 of the stolen money, and highlighted his three prior similar criminal antecedents. The defense argued that the petitioner was never named in the FIR and was falsely implicated, with no material linking him to the crime except the co-accused's confession. The court examined the confessional statement, recovered items, and the petitioner’s criminal history. Concluding that the circumstances did not warrant bail, the court refused the petitioner's bail application.
Issues considered
- Whether bail should be granted to the accused under Section 309(4) of the Bharatiya Nyay Sanhita, 2023, considering the confessional statement, recovered evidence, and prior criminal antecedents.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 309(4)
Subjects
- bail
- robbery
- confession
- criminal antecedents
- Section 309
- Bharatiya Nyay Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3330 of 2026
Arising Out of PS. Case No.-57 Year-2025 Thana- LAUHIYANAGAR District- Begusarai
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Kishan Kumar @ Krishna @ Krishna Sada S/o- Kusheshwar Sada @ Kushear
Sada R/o - Ashok Nagar, Pokharia, Ward No.36, P.S - Nagar, District –
Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yogesh Kumar, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 09-04-2026 Heard Mr. Yogesh Kumar, learned counsel for the
petitioner and Mr. Rajendra Prasad Nat, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
04.05.2025 in connection with Lohia Nagar P.S. Case No. 57 of
2025, FIR dated 03.05.2025 registered for the offence under Section
309(4) of the Bharatiya Nyay Sanhita, 2023.
3. According to the prosecution case, the informant
alleged that on 03.05.2025, three unknown miscreants looted her
purse containing Rs.2,40,000/- in cash, pass book and cheque book
of bank on point of knife when she was returning from SBI Bank
after withdrawal of Rs.4,40,000/-.
4. Learned counsel appearing for the petitioner submits
that the petitioner is innocent and he has falsely been implicated in
this case. Petitioner is not named in the FIR and his name transpired
during investigation on the basis of confessional statement of co-
Patna High Court CR. MISC. No.3330 of 2026(3) dt.09-04-2026
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accused, namely, Suraj Kumar and thereafter the petitioner had
confessed his guilt in the present occurrence and except the
aforesaid, no other cogent material has come during investigation
which suggest the involvement of the petitioner in the present
occurrence and the petitioner is rotting in judicial custody since
04.05.2025.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner and
submits that on the basis of confessional statement of the petitioner,
the knife which was used in the present occurrence and Rs.9,500 of
looted amount were recovered from his possession and apart from
that petitioner carries three criminal antecedents of similar nature.
6. Considering the facts and circumstances of the case,
I am not inclined to enlarge the petitioner on bail in connection with
Lohia Nagar P.S. Case No. 57 of 2025, pending in the Court of
Chief Judicial Magistrate, Begusarai.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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