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Patna High Court

Priyanshu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                      3/3




                    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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