Patna High Court
Gadar Singh @ Ankit SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, subject to bond and surety conditions.
Summary
The petitioner, Gadar Singh, was charged under Section 394 of the Indian Penal Code for alleged involvement in a robbery and shooting incident on 25-12-2021. The prosecution’s case relied on a confessional statement of a co-accused, with no direct evidence such as a TIP or recovered incriminating material against the petitioner. The petitioner argued that the allegations were vague and that he had been falsely implicated, despite having eleven prior criminal antecedents and being in custody since 02-12-2024. The State opposed bail, citing the seriousness of the offence and the petitioner’s history. The Court, after considering the lack of specific overt acts and the period of custody, decided to grant bail subject to monetary bond and surety conditions, and required the petitioner’s regular appearance in court. The bail order imposed conditions regarding family surety and cancellation upon default of appearances.
Issues considered
- Whether bail should be granted to the accused under Section 394 IPC given the nature of the offence and the petitioner’s criminal antecedents
- Whether the lack of direct evidence against the petitioner justifies bail
Legislation cited
- Indian Penal Code — s. 394
Subjects
- bail
- robbery
- Section 394 IPC
- Indian Penal Code
- Criminal Procedure
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 74404 of 2025
Arising Out of PS. Case No.-251 Year-2021 Thana- RASULPUR District- Saran
======================================================
Gadar Singh @ Ankit Singh Son of Late Parmendra Singh @ Late Lallu
Singh R/o Village - Mubarakpur, P.S. - Manjhi District - Saran Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brij Kishor Mishra, Advocate
For the Opposite Party/s : Mr.Ashok Kumar Singh, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Trial
No. 295 of 2025, arising out of Rasulpur P.S. Case No. 251 of
2021, instituted for the offences under Section 394 of the Indian
Penal Code.
3. Prosecution case, in short, is that on 25.12.2021,
while informant was returning on giving Zorik bled, in the
meanwhile, three unknown miscreants boarded on motorcycle,
came to him and started snatching his bag. Out of three
miscreants, two persons started firing. It is alleged that one
bullet hit in the chest of the informant. The accused persons
snatched Rs. 10,000/- from his pocket as well as one samsung
mobile phone.
Patna High Court CR. MISC. No. 74404 of 2025(3) dt.28-01-2026
2/3
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
During the course of investigation, the name of petitioner
surfaced on the confessional statement of co-accused Lalan
Mahto. Learned counsel for the petitioner submits that general
and omnibus allegation has been made against the petitioner. No
specific overt act is alleged against the petitioner. The petitioner
has not been put on TIP nor any incriminating substance has
been recovered from the possession of the petitioner. The
petitioner has been remanded in this case from Manjhi P.S. Case
No. 24 of 2023. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 02.12.2024 and has eleven
criminal antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Trial No. 295 of
Patna High Court CR. MISC. No. 74404 of 2025(3) dt.28-01-2026
3/3
2025, arising out of Rasulpur P.S. Case No. 251 of 2021, subject
to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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