Patna High Court
Kyas BindversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PURNENDU SINGH
Holding
The Court held that pre‑arrest bail could not be granted in view of the seriousness of the offence and the petitioner’s prior criminal antecedents.
Summary
The petitioner, Kyas Bind, was charged under Section 395 of the Indian Penal Code for an alleged organized theft of a large quantity of gold and silver jewellery from a shop, with material evidence supporting the FIR. He has two prior criminal antecedents of a similar nature. He applied for pre‑arrest bail, claiming innocence and false implication. The State opposed the bail, emphasizing the seriousness of the offence and the petitioner’s history. The Court, after considering the submissions and the FIR, declined to grant pre‑arrest bail, directing the petitioner to surrender before the district court and seek regular bail, and disposed of the application.
Issues considered
- Whether pre‑arrest bail should be granted to a person accused of robbery under Section 395 of the IPC with prior similar convictions
- Whether the seriousness of the alleged offence and the petitioner’s criminal antecedents preclude pre‑arrest bail
Legislation cited
- Indian Penal Code — s. 395
Subjects
- pre‑arrest bail
- robbery
- IPC 395
- criminal antecedent
- bail jurisprudence
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 69346 of 2025
Arising Out of PS. Case No.-358 Year-2021 Thana- UCHKAGAON District- Gopalganj
======================================================
Kyas Bind S/o Narayan Bin R/o Village- Piprahi, P.S.- Uchkagaon, District-
Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Subhash Kumar, Advocate
For the Opposite Party/s : Mr.Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
5 20-02-2026 Heard Mr. Subhash Kumar, learned counsel
appearing on behalf of the petitioner and Mr. Ajit Kumar,
learned APP for the State.
2. Petitioner seeks pre-arrest bail in connection with
Uchkagaon P.S.Case No.358 of 2021, registered for the offences
punishable under Section 395 of the Indian Penal Code.
3. As per the allegation made in the FIR, the petitioner
in an organized manner committed theft of huge quantity of
gold and silver jewelleries and other ornaments from the
Jewellery Shop. The allegation is supported by the material,
which has surfaced during the course of the investigation. The
petitioner has two criminal antecedents of similar nature.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent and he has
Patna High Court CR. MISC. No. 69346 of 2025(5) dt.20-02-2026
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been falsely implicated in the present case.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail to the petitioner.
6. Having considered the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR and the previous criminal antecedent of the
petitioner, who is involved in other cases of similar nature, I am
not inclined to enlarge the petitioner on pre-arrest bail.
7. However, if the petitioner so advised, he may
surrender before the learned district court and seek regular bail.
8. The learned District Court is directed to consider
the bail application of the petitioner on the same day and pass
necessary order on the basis of materials available on the record
in accordance with law.
9. With the above observation/direction, the present
application stands disposed of.
(Purnendu Singh, J)
chn/-
U T
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