Created by Fuzzy Cloud

Patna High Court

Appu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to bail, subject to a bond, sureties and specific conditions, despite the prosecution's evidence.

Summary

Appu Kumar was arrested on 29 September 2025 in connection with a robbery and assault case (PS Case No. 86 of 2025) alleged under Section 309(4) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The prosecution claimed that three miscreants, including the petitioner, demanded money, fired at an informant and seized Rs.2,000, relying on CCTV footage and the recovery of a motorcycle from the petitioner's house. The petitioner contended that the FIR was fabricated, he had no prior criminal record, and no tip‑off investigation had been conducted. The Additional Public Prosecutor opposed bail, emphasizing the CCTV identification and the seized vehicle as incriminating evidence. The court, after considering the circumstances, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents, and ordered that the bail not be delayed for verification purposes.

Issues considered

  • Whether bail should be granted to the accused in a case involving offences under Section 309(4) BNS Act, 2023 and Section 27 Arms Act despite the prosecution's reliance on CCTV footage and seized property.
  • Whether the alleged false FIR and lack of prior criminal record justify release on bail.

Legislation cited

Subjects

  • bail
  • Criminal Procedure Code
  • Section 309 BNS Act
  • Section 27 Arms Act
  • CCTV evidence
  • false FIR
  • antecedent verification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6399 of 2026
                    Arising Out of PS. Case No.-86 Year-2025 Thana- SIWAIPATTI District- Muzaffarpur
                 ======================================================
                 Appu Kumar S/o Guddu Shahni Resident of Village- Tengari, P.S.- Siwaipatti,
                 Distt- Muzaffarpur

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Binayak Kumar Shrivastav, Advocate
                 For the Opposite Party/s :        Mr. Shyameshwar Dayal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   23-03-2026                  Heard Mr. Binayak Kumar Shrivastav, learned

                   counsel for the petitioner and Mr. Shyameshwar Dayal, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   29.09.2025 in connection with Siwaipatti P.S. Case No. 86 of

                   2025, F.I.R. dated 19.05.2025 for the offences punishable under

                   Section 309(4) of the BNS, 2023 and Section 27 of the Arms

                   Act.

                               3. According to prosecution case, three miscreants

                   demanded illegal money from the informant and on refusal by

                   the informant, they fired and took Rs. 2,000/- from the table.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. The allegation as alleged in the
Patna High Court CR. MISC. No.6399 of 2026(3) dt.23-03-2026
                                            2/3




          F.I.R is false and fabricated and the petitioner has not committed

          any offence as alleged in the F.I.R. The petitioner has been made

          accused merely on the basis of CCTV Footage and till date no

          TIP has been conducted by the prosecution. He further submits

          that the police after investigation submitted the charge sheet

          against the petitioner. The petitioner is in custody since

          29.09.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that the petitioner was seen in the CCTV footage and

          apart from that the motorcycle which was used in the present

          crime in question has been recovered from the house of the

          petitioner.

                        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

          the like amount each to the satisfaction of the learned Additional

          Sessions Judge-XI, Muzaffarpur in connection with Siwaipatti

          P.S. Case No. 86 of 2025, 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
            Patna High Court CR. MISC. No.6399 of 2026(3) dt.23-03-2026
                                                        3/3




                      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)
Vanisha/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.