Patna High Court
Appu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 309(4)
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
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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
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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
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