Patna High Court

SURAJ KUMARversusThe State of Bihar

Decided: 2 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that bail should be granted to the petitioner.

Summary

Suraj Kumar was arrested in connection with a robbery (offence under Section 311 of the BNS, corresponding to Section 397 of the IPC) in which three unknown miscreants stole cash, gold chains and an iPhone and shot a friend of the informant. The petitioner contends that he has been falsely implicated, is not named in the FIR, no stolen articles have been recovered from his possession and no T.I.P. has been conducted to ascertain his involvement. He has been in custody since 13‑07‑2025 and has no prior criminal antecedent. The State opposed the bail application. Considering the lack of direct evidence, the petitioner’s clean record and the period of custody, the Court inclined to grant bail on condition of a Rs.15,000 bond with two sureties, thereby ordering his release.

Issues considered

Whether the petitioner is entitled to bail in a case of robbery under Section 311 BNS/Section 397 IPC despite being implicated.
Whether the absence of incriminating material and the non‑conduct of a T.I.P. justify granting bail.
Whether the petitioner’s period of custody and clean criminal record warrant his release on bail.

Legislation cited

Bihar Negotiable Instruments Act — s. 311
Indian Penal Code — s. 397

Subjects

bail
robbery
Section 397 IPC
false implication
investigation
surety
Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77077 of 2025
                     Arising Out of PS. Case No.-255 Year-2025 Thana- RANIYATALAB District- Patna
                 ======================================================
                 SURAJ KUMAR S/O SANTOSH KUMAR R/O VILLAGE- CHOTAKI
                 PAIPURA, P.S- RANI TALAB, DISTRICT- PATNA
                                                                  ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Kundan Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Shailendra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   02-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State. Perused the case diary.

                                2. The petitioner seeks bail in connection with Rani

                   Talab P.S. Case No. 255 of 2025 instituted for the offences

                   under Section 311 of the BNS corresponding to Section 397 of

                   the I.P.C.

                                3. Prosecution case, in short, is that three unknown

                   miscreants snatched Rs. 13,000/- cash, 2 golden chain and

                   iPhone of apple company from the informant. When informant

                   raised alarm, one Sunny Kumar, friend of informant, came there

                   to rescue him, in the meanwhile, one of the miscreants fired

                   upon Sunny Kumar, which hit in his leg.

                                4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Petitioner is not named in the F.I.R. The name of the petitioner
           Patna High Court CR. MISC. No.77077 of 2025(3) dt.02-02-2026
                                                       2/2




                     transpired in this case on the basis of statement of spy. No

                     incriminating/looted article has been recovered from the

                     conscious possession of the petitioner. Learned counsel further

                     submitted that petitioner has got no concern with the stolen

                     articles. Learned counsel further submitted that T.I.P. has not

                     been conducted till date to ascertain the involvement of the

                     petitioner in the alleged offence. Charge-sheet has been

                     submitted in this case. It has been submitted on behalf of the

                     petitioner that the petitioner is in custody since 13.07.2025 and

                     has no criminal antecedent.

                                 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 Rani Talab P.S. Case

                     No. 255 of 2025.


                                           (Rudra Prakash Mishra, J)
manish/-

U      T

Continue reading with your account

Checking your session…