Patna High Court
Anubhav Kumar Singh @ Abhinav Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner subject to bond and surety conditions.
Summary
Anubhav Kumar Singh was arrested in connection with a robbery and armed assault at a shop, during which Rs. 3,20,000, two mobiles and Rs.5,000 were stolen. The informant claimed the petitioner was apprehended with a bike, weapons and cartridges, but the petitioner denied involvement, stating no stolen property was found on him and that he had been in custody since September 2025. The State opposed regular bail, citing six prior criminal convictions. The court examined the facts, the lack of recovered stolen goods, and the petitioner’s claim of innocence, and decided to grant regular bail on a bond of Rs.10,000 with two sureties, subject to weekly police‑station attendance and cooperation in trial. The order was made by Justice Ashok Kumar Pandey.
Issues considered
- What is the applicability of regular bail under Section 309(4) of the BNS to the petitioner given the alleged robbery and possession of weapons?
- Do the petitioner’s prior criminal antecedents justify denial of bail?
- Is the absence of recovered stolen property sufficient to grant bail?
Legislation cited
- Bihar Negotiable Instruments Act — s. 309(4)
Subjects
- regular bail
- robbery
- armed assault
- Section 309(4) BNS
- criminal antecedents
- police custody
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4832 of 2026
Arising Out of PS. Case No.-269 Year-2025 Thana- MANJHI District- Saran
======================================================
Anubhav Kumar Singh @ Abhinav Kumar Singh S/O Late Kamakhya Singh
@ Kamakhya Narayan Singh R/o Village- Madansanth, P.s.- Daudpur,
District- Saran
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kundan Kumar Singh, Advocate
For the Opposite Party/s : Mr.Surendra Kumar,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 309 (4) of
the BNS.
3. The case of the prosecution is that while the
informant was at his shop, four persons riding on a bike having
masks on their faces arrived there and entered the shop and at
gunpoint took away a sum of Rs. 3,20,000/-, two mobiles and
also looted Rs. 5000/- from the customer, namely, Kaushalya
Devi. Thereafter, they fled away. Further case of the informant
is that he was able to apprehend one of the miscreants along
with bike, who is the petitioner herein, and from the possession
Patna High Court CR. MISC. No.4832 of 2026(2) dt.03-02-2026
2/3
of this petitioner, weapons and cartridge were recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that the
petitioner was apprehended earlier in connection with Manjhi
P.S.Case No. 270 of 2025 and after that he was remanded in the
present case. It is further submitted that no stolen property was
recovered from the conscious possession of this petitioner and
the police have not annexed any seizure list to substantiate the
alleged recovery. Moreover, the petitioner is languishing in
judicial custody since 09.09.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail stating that the
petitioner has six criminal antecedents.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Manjhi P.S. Case No. 269 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
ACJM -IV, Saran at Chapra, subject to the condition that the
petitioner shall cooperate in the trial and shall mark his
Patna High Court CR. MISC. No.4832 of 2026(2) dt.03-02-2026
3/3
attendance at concerned police station weekly, failing which the
learned Magistrate will be at liberty to pass appropriate orders.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
Checking your session…