Patna High Court
Mohan Kumar @ Priyanshu Kumar Ray @ Mohan KaurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court ordered that the petitioner be released on bail.
Summary
The petitioner, Mohan Kumar, was arrested in connection with a robbery case (Uchkagaon PS Case No. 100/2026) registered under section 309(4) of the Bharatiya Nyaya Sanhita, 2023. The FIR named 3-4 miscreants but did not initially name the petitioner; his name emerged later through a spy’s disclosure. No incriminating articles were recovered from his possession, he was not subjected to a T.I. parade, and he claims the alleged confessional statement is false. He has no prior criminal record and has been in custody since 19‑03‑2026. The State opposed bail, but the Court, noting the lack of material evidence, clean antecedent, and the petitioner’s willingness to cooperate, granted bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite his name surfacing later in the investigation
- Whether the absence of incriminating material and a clean antecedent justify bail under section 309(4) of the Bharatiya Nyaya Sanhita
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4)
Subjects
- bail
- criminal procedure
- investigation
- FIR
- clean antecedent
- Bharatiya Nyaya Sanhita
- section 309
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36019 of 2026
Arising Out of PS. Case No.-100 Year-2026 Thana- UCHKAGAON District- Gopalganj
======================================================
Mohan Kumar @ Priyanshu Kumar Ray @ Mohan Kaur Son of Jitendra Ray
R/o - Dahibhatta, P.S - Uchkagaon, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Shyam Kr. Singh,APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 08-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Uchkagaon P.S. Case No.
100/2026, registered under section 309(4) of The Bharatiya
Nyaya Sanhita, 2023.
3. Allegation in the F.I.R is that 3-4 miscreants looted
the informant and took away his mobile, ATM as also some
cash.
4. Learned counsel for the petitioner submits that the
petitioner was not named in the F.I.R. His name has transpired
during the course of investigation on the disclosure made by
spy. No incriminating article has been recovered from his physical
and conscious possession and he had also not been subjected to
T.I. parade. He has further submitted that the recovery of two
Patna High Court CR. MISC. No.36019 of 2026(2) dt.08-06-2026
2/2
mobile phones has been shown during the course of
investigation on the basis of his confessional statement,
however, the said fact is not correct one and it was other co-
accused persons who had some role to play in the said case. The
petitioner has no criminal antecedent and he is in custody since
19.03.2026. The investigation has almost come to a close.
5. The application for bail is opposed by learned
A.P.P. for the state.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering that the name of
the petitioner has surfaced during the course of investigation
coupled with the fact that he has a clean antecedent and
undertakes to co-operate in the proceedings before the court,
petitioner is directed to be enlarged on bail in connection with
Uchkagaon P.S. Case No. 100/2026 on furnishing bail bond of
Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the Learned Court
concerned where the case is pending/successor Court.
(Soni Shrivastava, J)
Harsh/-
U T
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