Patna High Court
Lakhindra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner subject to bond and conditions.
Summary
The petitioner, Lakhindra Kumar, applied for bail in a robbery case (Kalyanpur P.S. Case No. 262 of 2025) charged under Sections 309(6) and 317(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that on 22 July 2025 the petitioner’s vehicle was intercepted and gold, silver ornaments and cash were stolen. The petitioner claimed he has no prior criminal record, was not named in the FIR, and was implicated only through a co‑accused’s confessional statement, with no material recovered from his possession. The State opposed bail, but the court noted the petitioner’s custody since 27 July 2025, lack of direct evidence, and the fact that co‑accused had already been granted bail. Accordingly, the court granted bail on a bond of Rs. 15,000 with two sureties and imposed conditions of family surety and regular appearance in court.
Issues considered
- Whether bail should be granted to the accused under Sections 309(6) and 317(2) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the reliance on a co‑accused’s confessional statement, without any material recovered from the petitioner, justifies denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(6), 317(2)
Subjects
- bail
- criminal law
- robbery
- Bharatiya Nyaya Sanhita
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80441 of 2025
Arising Out of PS. Case No.-262 Year-2025 Thana- KALYANPUR District- Samastipur
======================================================
Lakhindra Kumar Son of Mukhdev Paswan R/o Village - Rahuaa Ward no.
04, P.S. - Warisnagar, Dist. - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Jyoti Kumari, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Kalyanpur P.S. Case No. 262 of 2025 instituted for the offence
under Sections 309(6) & 317(2) of the Bharatiya Nyaya Sanhita,
2023.
3. The prosecution case in brief is that on 22.07.2025
at about 7:25 P.M., after closing Dev Jewellers, the informant
and his brother-in-law were proceeding towards home on
separate motorcycles carrying gold and silver ornaments. Near
Islampur village, miscreants on another motorcycle intercepted
them at gunpoint, robbed the bag containing gold and silver
ornaments, and also snatched a mobile phone, purse with Rs.
Patna High Court CR. MISC. No.80441 of 2025(3) dt.21-01-2026
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6,000/- and Aadhaar card before fleeing away.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 27.07.2025. Petitioner
bears no criminal antecedents, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Petitioner is not named in the FIR. Name of the petitioner
has transpired on the basis of confessional statement of co-
accused. Nothing has been recovered from the conscious
possession of the petitioner. Other co-accused have been granted
bail by a Co-ordinate Bench of this Court, vide order dated
09.01.2026, passed in Cr. Misc. No. 87566 of 2025.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner and claim based
on parity, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Kalyanpur P.S. Case
Patna High Court CR. MISC. No.80441 of 2025(3) dt.21-01-2026
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No. 262 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
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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