Patna High Court
Syed Shahnawaz WajeehversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000 and two sureties.
Summary
The petitioner, Praveen Kumar @ Pinda, was arrested in connection with a robbery in which three unknown assailants allegedly intercepted two motorcyclists and stole cash and mobile phones. He was charged under section 309(4) of the Bharatiya Nyaya Sanhita. The petitioner argued that he was innocent, that no incriminating articles were recovered from his possession, and that the investigation was complete with a chargesheet already filed. The State opposed bail, emphasizing the petitioner’s prior criminal antecedent. The court, considering the pending chargesheet, the period of custody since 09‑06‑2025, and the bail bond conditions, ordered that bail be granted on furnishing a bond of Rs.10,000 with two sureties of the same amount, pending trial.
Issues considered
- Whether bail can be granted to an accused under section 309(4) of the Bharatiya Nyaya Sanhita who has a prior criminal antecedent and for whom a chargesheet has already been filed
- Whether the absence of recovered incriminating articles from the accused’s possession warrants bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 309(4)
Subjects
- bail
- Bharatiya Nyaya Sanhita
- section 309(4)
- criminal antecedent
- chargesheet
- Patna High Court
- robbery
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75056 of 2025
Arising Out of PS. Case No.-386 Year-2025 Thana- BIDUPUR District- Vaishali
======================================================
Praveen Kumar @ Pinda S/O Sadhu Ray R/O Village- Kailachak, P.S.-
Bidhupur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Rupa Kumari, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
5 19-03-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Bidupur P.S. Case No.386 of 2025, dated 07.06.2025 registered
for the offence punishable u/s 309(4) of the Bharatiya Nyaya
Sanhita.
3. As per the FIR, when the informant and his
colleague were riding on their respective motorcycles after
making collection of Rs.74,500/- and Rs.88,460 respectively,
they were intercepted by three unknown criminals and after
putting them on gun point took the money and mobile phones
from them.
4. It is submitted by learned counsel for the
petitioner that the petitioner is quite innocent and has not
committed any offence as alleged in the FIR. He further
submits that there is no recovery of incriminating articles from
the possession of the petitioner and the articles, which is said to
Patna High Court CR. MISC. No.75056 of 2025(5) dt.19-03-2026
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have form part of the seizure list is not connected with the
petitioner. He further submits that the investigation is complete
and chargesheet has also been submitted in this case. The
petitioner has one criminal antecedent and has been in judicial
custody since 09.06.2025.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioner by submitting
that the petitioner has one criminal antecedent.
6. Considering the period of custody and that the
chargesheet has already been submitted, let the above named
petitioner be enlarged on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned court below where
the case is pending/the Successor Court, in connection with
Bidupur P.S. Case No.386 of 2025.
(Ajit Kumar, J)
shikha/-
U T
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