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Patna High Court

Kishan Kumar @ Krishna @ Krishna SadaversusThe State of Bihar

Decided
Disposal
REJECTED

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

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
                ======================================================
                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
                                                        2/2




                 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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