Patna High Court
Aayush KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner with a bond of Rs. 10,000 and conditions.
Summary
The petitioner, Aayush Kumar, was arrested on 17 May 2025 in connection with a case of robbery and extortion under Section 309(4) of the B.N.S. The prosecution alleges that three unknown persons looted Rs. 700 and a mobile phone from an informant and later demanded Rs. 50,000, implicating the petitioner only through the confessional statement of co‑accused Ritesh Kumar Singh. No material was recovered from the petitioner’s possession and no third‑information report (TIP) has been filed against him. The co‑accused, who made the same confession, had previously been granted bail by a coordinate bench. The State opposed bail, citing three prior criminal antecedents, but the petitioner was already on bail in other pending matters. Considering the lack of direct evidence, the absence of recovered property, and the precedent of bail to the co‑accused, the court granted bail with a bond of Rs. 10,000 and specific conditions.
Issues considered
- Whether bail should be granted to the petitioner under Section 309(4) of the B.N.S. given the circumstances of the case
Legislation cited
- B.N.S. — s. 309(4)
Subjects
- bail
- criminal procedure
- Section 309
- confessional statement
- co‑accused
- no material recovered
- prior criminal antecedents
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3759 of 2026
Arising Out of PS. Case No.-153 Year-2024 Thana- Dehri Mufassil District- Rohtas
======================================================
Aayush Kumar S/o- Satyendra Kumar Gupta @ Satyendra Prasad R/v-
Karvandiya Ps- Sasaram Muffasil, OP- Karwandiya Dist- Rohtas at Sasaram
.. ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chhote Lal Mishra, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-01-2026 Heard Mr. Chhote Lal Mishra, learned counsel for the
petitioner and Mr. Sunil Kumar Pandey, learned APP for the
State.
2. The petitioner seeks bail, who is in custody since
17.05.2025 in connection with Dehri Muffasil P.S. Case No. 153
of 2024, F.I.R. dated 14.10.2025 for the offences punishable
under Section 309(4) of the B.N.S.
3. According to prosecution case, three unknown
miscreants are alleged to have committed loot of Rs. 700/- and
mobile phone from the informant and thereafter they further
demanded Rs. 50,000/- from the informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. Learned counsel further submits that the petitioner
is not named in the FIR. The name of the petitioner has been
transpired during investigation on the basis of confessional
statement of co-accused person, namely, Ritesh Kumar Singh,
Patna High Court CR. MISC. No.3759 of 2026(2) dt.27-01-2026
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nothing has been recovered from conscious possession of the
petitioner and till date no TIP has been conducted by the
prosecution. Similarly situated co-accused person, namely,
Ritesh Kumar Singh, who has confessed the name of petitioner,
has been granted regular bail by a Coordinate Bench of this
Hon’ble Court vide order dated 13.10.2025 passed in Cr. Misc.
No. 64772 of 2025 and the police after investigation submitted
chargesheet against the petitioner and the petitioner is in custody
since 17.05.2025.
5. Learned APP has vehemently opposed the prayer
for bail of the petitioner and submits that the petitioner carries
three more criminal antecedents other than the present one but
fairly submits on the basis of paragraph 3 of the bail petition
that the petitioner is on bail in the pending matters.
6. Considering the aforesaid facts and circumstances
of the case and also the fact that nothing has been recovered
from the conscious possession of the petitioner, till date no TIP
has been conducted by the prosecution and similarly situated co-
accused person has been granted bail by a Coordinate Bench of
this Hon’ble Court, let the petitioner, above named, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.3759 of 2026(2) dt.27-01-2026
3/3
the learned S.D.J.M., Dehri, Rohtas in connection with Dehri
Muffasil P.S. Case No. 153 of 2024, with the following
conditions:
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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