Patna High Court
Sanjeet KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner upon furnishing a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Sanjeet Kumar, a driver of a pick‑up van, was arrested forty days after a robbery in which four unknown miscreants looted the vehicle and two mobile phones. The FIR named only unknown persons, but the petitioner was implicated and has been in judicial custody since 23 July 2025. He applied for regular bail under sections 309(4) of the BNS, asserting his innocence and that he merely drove the vehicle without participating in the theft. The State opposed bail, highlighting the petitioner’s three prior criminal convictions. The court examined the lack of direct evidence linking the petitioner to the offence and considered his role as a driver, concluding that bail was appropriate despite the antecedents. Accordingly, the court ordered his release on a bail bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to regular bail under sections 309(4) of the BNS despite having three prior criminal convictions.
- Whether the petitioner’s alleged role as a driver, without participation in the robbery, justifies granting bail.
Legislation cited
- BNS — s. 309(4)
Subjects
- regular bail
- criminal antecedents
- theft
- driver
- false implication
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80132 of 2025
Arising Out of PS. Case No.-49 Year-2025 Thana- Mabby District- Darbhanga
======================================================
Sanjeet Kumar S/O Late Ashok Singh Resident of village - Khajauli, Police
Station - Khajauli, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mili Kumari, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 309 (4) of
the BNS.
3. The case of the prosecution, in brief, is that four
unknown miscreants riding on two motorcycles looted the pick-
up van of the informant along with two mobile phones. The
First Information Report (FIR) was lodged against unknown
miscreants.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that the
petitioner was arrested after about forty days from the date of
Patna High Court CR. MISC. No.80132 of 2025(3) dt.19-01-2026
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lodging of the FIR along with the said vehicle. It is further
submitted that the petitioner is merely a driver of Akhilesh
Singh son of Ram Kishun Singh, village-Sukki, P.S. Khajauli,
District- Madhubani and used to drive the said pick-up van. It is
further submitted that the petitioner is only the driver of the said
vehicle and he has got no role in the commission of the offence.
Moreover, the petitioner is languishing in judicial custody since
23.07.2025.
5. Learned APP appearing for the state has opposed
the prayer of regular bail stating that the petitioner has three
criminal antecedents.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Mabbi P.S. Case No. 49 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Darbhanga.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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