Patna High Court

Sanoj Kumar @ Sanoj Kumar SinghversusThe State of Bihar

Decided: 9 February 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

Anticipatory bail was denied as the case was deemed fit for regular bail only.

Summary

The petitioner, Sanoj Kumar, sought anticipatory bail in a case (Khaira P.S. Case No. 216 of 2024) involving alleged robbery under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner was implicated based on a co‑accused’s confessional statement and CCTV footage identifying him among the accused. The petitioner contended that he was falsely implicated, not named in the FIR, and had no connection to the stolen items, though he has a prior criminal record. The State opposed anticipatory bail, emphasizing the CCTV identification. The court found the case suitable for regular bail rather than anticipatory bail and consequently rejected the anticipatory bail application, directing that regular bail may be considered if the petitioner surrenders within six weeks.

Issues considered

Whether anticipatory bail can be granted to the petitioner under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 in view of CCTV identification and a co‑accused’s confessional statement.
Whether the petitioner’s alleged false implication and prior criminal antecedent preclude the grant of anticipatory bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 309(4)

Subjects

anticipatory bail
regular bail
Section 309(4)
Bharatiya Nyaya Sanhita
CCTV evidence
false implication
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.63774 of 2025
                        Arising Out of PS. Case No.-216 Year-2024 Thana- KHAIRA District- Saran
                 ======================================================
                 Sanoj Kumar @ Sanoj Kumar Singh S/O Lalan Singh R/O Village- Repura,
                 P.S- Madhaura, Distt.- Saran.


                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Mishra, Advocate
                 For the Opposite Party/s :       Mr. Jagdhar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   09-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State. Perused the case diary.

                               2. The petitioner apprehends his arrest in connection

                   with Khaira P.S. Case No. 216 of 2024 instituted for the

                   offences under Section 309(4) of the Bharatiya Nyaya Sanhita,

                   2023.

                               3. The prosecution case, in brief, is that while the

                   informant along with Mobasar Hussain was returning from

                   Nagra State Bank, four unknown persons on two motorcycles

                   intercepted them and looted a Honda Shine motorcycle,

                   ₹1,27,000/- in cash, a cheque book, and a mobile phone, and

                   fled towards Nagra.
Patna High Court CR. MISC. No.63774 of 2025(3) dt.09-02-2026
                                            2/3




                      4. Learned counsel for the petitioner submitted that the

          petitioner has falsely been implicated in the present case.

          Petitioner is not named in the F.I.R. The name of the petitioner

          transpired in this case on the basis of confessional statement of

          the co-accused Ajay Kumar. Learned counsel further submitted

          that petitioner has got no concern with the looted articles. It has

          been submitted on behalf of the petitioner that the petitioner has

          one criminal antecedent.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner stating that

          as per the material available in the case diary, the accused

          persons including the petitioner was identified in a CCTV

          footage and therefore, the petitioner does not deserve the

          privilege of anticipatory bail.

                       6. Considering the aforesaid facts and circumstances

          of the case it appears that the present case is a fit case for

          regular bail. Hence, this Court is not inclined to grant

          anticipatory bail to the petitioner.

                       7. Accordingly, the prayer for grant of anticipatory

          bail to the petitioner is, hereby, rejected.

                       8. However, if the petitioner surrenders before the

          learned court below within a period of six weeks from today and
           Patna High Court CR. MISC. No.63774 of 2025(3) dt.09-02-2026
                                                       3/3




                     prays for regular bail, the same shall be disposed of on its own

                     merit without being prejudiced by this order.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

Continue reading with your account

Checking your session…