Patna High Court
Arvind Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, ordering his release on bond with conditions.
Summary
Arvind Kumar Singh was arrested on 2 July 2023 in connection with a robbery‑with‑firearm case (Sections 395 and 397 IPC, originally under 392 IPC) arising from a FIR dated 24 April 2023. The prosecution alleges that two miscreants on a motorcycle looted Rs. 50,000 from an informant at gunpoint, and the petitioner’s name was later added based on a self‑confessional statement during police investigation. The petitioner contended that he was never named in the FIR, is innocent, and has been in custody for more than two and a half years, seeking bail. The State opposed bail, citing the petitioner’s identification during investigation, his involvement in two other cases (though he is on bail in those), and the seriousness of the offences. The High Court, considering the prolonged detention and the circumstances, granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences under Sections 395 and 397 IPC and the length of pre‑trial detention.
- Whether the petitioner’s identification through a self‑confessional statement suffices to deny bail.
Legislation cited
- Indian Penal Code — s. 392, 395, 397
Subjects
- bail
- robbery
- armed robbery
- IPC
- pre‑trial detention
- self‑confessional statement
- identification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4187 of 2026
Arising Out of PS. Case No.-173 Year-2023 Thana- PUPRI District- Sitamarhi
======================================================
Arvind Kumar Singh S/o Yogendra Singh R/o vill - Chand Parsa, Bhagwaliya,
P.S.- Keshariya, Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mohd Rustam Hussain, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 28-01-2026 Heard Mr. Mohd. Rustam Hussain, learned counsel
for the petitioner and Mr. Aditya Narayan Singh 1, learned APP
for the State.
2. The petitioner seeks bail, who is in custody since
02.07.2023 in connection with Sessions Trial No. 772 of 2023,
arising out of Pupri P.S. Case No. 173 of 2023, F.I.R. dated
24.04.2023 for the offences punishable under Sections 395 and
397 of the Indian Penal Code. Initially the case was lodged u/s
392 of the Indian Penal Code.
3. According to prosecution case, two miscreants
riding on motorcycle chased the informant and on gun point
looted Rs. 50,000/- from the informant. It is further alleged that
due to fear informant has given the rupees to the miscreants.
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
Patna High Court CR. MISC. No.4187 of 2026(2) dt.28-01-2026
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is not named in the FIR and the name of the petitioner has been
transpired on the basis of self confessional statement given
before the Police. He further submits that the police after
investigation, submitted chargesheet against the petitioner and
the petitioner is in custody since 02.07.2023 i.e. more than two
and half years.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner and submits that the name of
the petitioner has transpired during investigation and thereafter
petitioner has been identified in the TIP and the petitioner
carries two more cases other than the present one but fairly
submits on the basis of paragraph 3 of bail petition that the
petitioner is on bail in both the cases and trial is in progress and
two witnesses have been examined as yet.
6. Considering the aforesaid facts and circumstances
of the case and also period of custody of the petitioner, 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 the learned Additional
District and Sessions Judge-II, Sitamarhi in connection with
Sessions Trial No. 772 of 2023, arising out of Pupri P.S. Case
No. 173 of 2023, with the following conditions:
Patna High Court CR. MISC. No.4187 of 2026(2) dt.28-01-2026
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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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