Patna High Court
Priyanshu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to the conditions imposed by the Court.
Summary
The petitioner, Priyanshu Kumar, was arrested on 1 April 2026 in connection with a robbery and assault involving firearms, alleged under Section 310(2) of the B.N.S. and Section 27 of the Arms Act. The prosecution’s case is based on a written statement of the shop‑owner who claimed that five accused, armed with guns, looted silver jewellery and fled on motorcycles. The petitioner contended that he was falsely implicated, was not originally named in the FIR, and that his inclusion resulted only from his own and co‑accused’s confessional statements; no TIP was conducted and no material was recovered from his possession. The State opposed bail, citing a prior criminal case, though the petitioner was already on bail in that matter. The Court, after considering the circumstances, ordered the petitioner’s release on bail upon furnishing a Rs.10,000 bond with two sureties and imposed conditions regarding cooperation, presence in court, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under Section 310(2) B.N.S. and Section 27 Arms Act.
- Whether the petitioner’s claim of false implication, lack of TIP, and absence of recovered material justify the grant of bail.
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- attempt to murder
- false implication
- investigation
- confessional statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40840 of 2026
Arising Out of PS. Case No.-61 Year-2026 Thana- MANJHI District- Saran
======================================================
Priyanshu Kumar S/o Jitendra Prasad R/o Village - Ramgarh, P.S. - Chainpur,
District - Siwan, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uma Kant Mishra
For the Opposite Party/s : Mr. Choubey Jawahar
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
01.04.2026 in connection with Manjhi P.S. Case No. 61 of 2026
for the offence punishable under Section 310(2) of B.N.S. and
Section 27 of the Arms Act.
3. According to prosecution case, one Brij Biharilal
Gupta, the informant of the case has given his written statement
before the Station House Officer, Manjhi Police Station alleging
therein that on 08.02.2026 at about 12:48 P.M. five accused
persons with two motorcycle one white colour Apache
Motorcycle and 2nd Black colour Splendor Motorcycle came at
the shop of the informant with guns and abusing him and two
accused persons beat his son on his head with guns buts and
thereafter they looted ornament of about 5 to 6 kg Silver in the
shop and showing a weapon, filled the white colour bag with the
jewelry and took it out and fled on their motorcycle by firing in
Patna High Court CR. MISC. No.40840 of 2026(2) dt.30-06-2026
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the air.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the present case.
Learned counsel for the petitioner next submits that initially the
petitioner was not named in the FIR and the name of the
petitioner has transpired during the course of investigation on
the basis of self confessional statement of the petitioner as well
as confessional statement of other co-accused persons. It is next
submitted that till date no TIP has been conducted by the
prosecution. It is next submitted that nothing has been recovered
from the conscious possession of the petitioner. Learned counsel
for the petitioner next submits that police after investigation has
submitted charge-sheet and petitioner is in custody since
01.04.2026.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner and
submits that petitioner has antecedent of one case other than the
present case but fairly submits that the petitioner is on bail in the
pending matter.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
Patna High Court CR. MISC. No.40840 of 2026(2) dt.30-06-2026
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the like amount each to the satisfaction of the learned A.C.J.M-
IV, Saran at Chapra (Bihar) in connection with Manjhi P.S. Case
No.61 of 2026, subject to 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 his absence on two consecutive dates without sufficient
reason, his 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)
Gaurav Sinha/-
U T
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