Patna High Court
Binit Kumar @ Harsh Raj AnandversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Binit Kumar, applied for regular bail in a case registered under Section 395 of the Indian Penal Code for alleged robbery of an informant sleeping in his truck. The allegation states that the accused dragged the informant out, assaulted him, and stole Rs.3500 and an ATM card. The petitioner contended that he was falsely implicated, has been in custody since 25 July 2025, and that the only evidence is a confessional statement of co‑accused Vicky Kumar, with no material recovered from his possession. The State opposed the bail, arguing the seriousness of the offence. The court, after considering the lack of substantive evidence against the petitioner and the period of custody, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail was conditioned on the petitioner’s cooperation with the trial and availability as required by the court.
Issues considered
- Whether regular bail should be granted to the accused in a robbery case under Section 395 IPC given the evidentiary material and period of custody.
Legislation cited
- Indian Penal Code — s. 395
Subjects
- regular bail
- robbery
- Section 395 IPC
- criminal procedure
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69238 of 2025
Arising Out of PS. Case No.-285 Year-2019 Thana- BAKHTIYARPUR District- Patna
======================================================
Binit Kumar @ Harsh Raj Anand S/o Chandrasekhar Prasad Singh @
Chandrasekhar Prasad @ Chandrasekhar Prasad Rai R/o Village / Mohalla -
New Bypass Raghopur Bhakhityarpur, P.S - Bhakhityarpur, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumari Sujata Sinha
For the Opposite Party/s : Mr.Ajit Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 05-02-2026 Heard the learned counsel for the parties.
2. This is an application for regular bail on behalf
of the petitioner for the offences alleged under Section 395 of
the IPC, registered in connection with Bakhtiyarpur P.S.Case
No. 285 of 2019.
3. As per allegation, while the informant was
sleeping in his truck, all on a sudden, the accused persons
dragged him out of the vehicle and rained blows and punches on
him. They robbed the informant of his purse containing
Rs.3500/- and an ATM card.
4. The learned counsel for the petitioner has submitted
that that the petitioner is innocent and has falsely been
implicated. He is in custody since 25.07.2025. Nothing has been
Patna High Court CR. MISC. No.69238 of 2025(4) dt.05-02-2026
2/2
recovered from his possession. Except the confessional
statement of co-accused Vicky Kumar, there is nothing against
the petitioner.
5. On the other hand, Mr. J.N. Thakur, the learned
APP for the State, has opposed the prayer for bail.
6. Considering the above facts and circumstances as
well as the period of custody, 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 learned ACJM-III, Barh in connection with
Bakhtiyarpur P.S.Case No. 285 of 2019, subject to the condition
that the petitioner shall cooperate in the disposal of trial and
make himself available as and when required by the court.
(Nawneet Kumar Pandey, J)
HR/-
U T
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