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Patna High Court

Sanjeet KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                                                        2/2




                      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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