Patna High Court

Navin Kumar @ Robin @ Robin YadavversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that, given the absence of incriminating material and the petitioner’s extended pre‑trial custody, bail should be granted subject to prescribed conditions.

Summary

The petitioner, Navin Kumar, sought bail in a case (Rajnagar P.S. Case No. 326 of 2025) under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023, alleging that he was falsely implicated and arrested solely on suspicion. The prosecution alleged that three unknown persons looted an informant’s motorcycle, and the recovered motorcycle was found with a co‑accused, not the petitioner. The petitioner’s counsel argued that no incriminating material was found in his possession and that his name was not in the FIR, emphasizing his prolonged custody since August 2025. The State opposed bail. Considering the lack of material evidence, the petitioner’s custody period, and his criminal antecedent, the court inclined to grant bail, imposing a bond of Rs.15,000 with two sureties and conditions regarding family surety and trial attendance.

Issues considered

Whether bail should be granted to the petitioner under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 despite the prosecution’s case.
Whether the petitioner’s arrest on mere suspicion without incriminating material warrants denial of bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 309(4)

Subjects

bail
criminal procedure
Section 309(4)
Bharatiya Nyaya Sanhita
suspicion
false implication
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77782 of 2025
                    Arising Out of PS. Case No.-326 Year-2025 Thana- RAJNAGAR District- Madhubani
                 ======================================================
                 Navin Kumar @ Robin @ Robin Yadav S/o Radhe Yadav R/o Village -
                 Mohanpur, P.S - Pandaul, District - Madhubani, State - Bihar
                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Indradeo Yadav, Advocate
                 For the Opposite Party/s :      Mr. Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   04-02-2026                           Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in connection with

                   Rajnagar P.S. Case No. 326 of 2025, instituted for the offences

                   punishable under Section 309(4) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. The prosecution case, in short, is that three

                   unknown miscreants have intercepted the informant and looted

                   his motorcycle on the point of knife.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. Learned counsel for

                   the petitioner also submitted that the petitioner is not named in
Patna High Court CR. MISC. No.77782 of 2025(3) dt.04-02-2026
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          the FIR. Name of the petitioner has transpired in this case

          during investigation and has been arrested only on the basis of

          suspicion. It is further submitted that the alleged recovery of

          motorcycle has been made from the possession of co-accused,

          namely, Akhilesh Paswan. The petitioner is in custody since

          01.08.2025 and has got one criminal antecedent.

                       5. Learned APP 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 and taking into account 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 after framing

          of charge, if not already framed, 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 Rajnagar P.S. Case No. 326 of 2025,

          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
             Patna High Court CR. MISC. No.77782 of 2025(3) dt.04-02-2026
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                       consecutive dates, the prosecution will have liberty to move for

                       cancellation of bail.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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