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Patna High Court

Arvind Kumar @ BaunaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants bail to the petitioner subject to the stipulated bond and conditions.

Summary

The petitioner, Arvind Kumar, was arrested in connection with a robbery case (PS Case No. 817 of 2025) and charged under Section 309(4) and Section 317(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleges that four unknown persons robbed an informant at gunpoint, while the petitioner contends he was falsely implicated based solely on a co‑accused’s confessional statement and that no incriminating material or looted articles have been recovered from him. He further points out that he is not named in the FIR, no T.I. parade has been conducted, and another co‑accused has already been granted bail. The State opposed the bail application, but the Court considered the length of the petitioner’s custody, his two prior criminal antecedents, and the lack of direct evidence. Consequently, the Court inclined to grant bail, directing the petitioner to furnish a bail bond of Rs.15,000 with two sureties and to comply with specific conditions regarding appearance and surety composition. The order directs release on bail after framing of charge, if not already done.

Issues considered

  • Whether bail should be granted to the petitioner despite the charges under Sections 309(4) and 317(2) of the Bharatiya Nyaya Sanhita, 2023 and the existence of prior criminal antecedents
  • Whether the confessional statement of a co‑accused provides sufficient evidentiary basis to deny bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • robbery
  • confessional statement
  • evidentiary value
  • surety
  • Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80617 of 2025
                        Arising Out of PS. Case No.-817 Year-2025 Thana- NAGAR District- Vaishali
                 ======================================================
                 Arvind Kumar @ Bauna Son of Lealun Ray @ Lailun Rau R/o Village-
                 Sukamarpur (Jahangirpur), P.S.- Rustampur (Raghopur), District- Vaishali

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vasant Vikas, Advocate
                 For the Opposite Party/s :        Mr. Satyendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   09-02-2026                        Heard learned counsel for the petitioner, learned

                   APP for the State and perused the case diary.

                                2. The petitioner seeks bail in connection with Hajipur

                   Town P.S. Case No. 817 of 2025, instituted for the offences

                   punishable under Section 309(4) of the Bharatiya Nyaya

                   Sanhita, 2023 and later on Section 317(2) of the Bharatiya

                   Nyaya Sanhita, 2023 was added.

                                3. The prosecution case, in short, is that four unknown

                   miscreants robbed the informant of his motorcycle along with

                   other articles on the point of pistol.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Charge-sheet has been submitted in this case. No
Patna High Court CR. MISC. No.80617 of 2025(3) dt.09-02-2026
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          incriminating material has been recovered from the conscious

          possession of the petitioner. Learned counsel for the petitioner

          also submits that the petitioner is not named in the FIR. Name

          of the petitioner has transpired in this case on the basis of

          confessional statement made by co-accused, namely, Sonu

          Kumar and the same has got no evidentiary value. It is next

          submitted that neither any looted article has been recovered

          from the possession of the petitioner nor any T.I. parade has

          been conducted in this case. The petitioner is in custody since

          13.07.2025 and has got two criminal antecedents. Learned

          counsel for the petitioner further submits that other co-accused

          has been granted bail by this Court vide order dated 02.12.2025

          passed in Cr. Misc. No. 80527 of 2025.

                       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
             Patna High Court CR. MISC. No.80617 of 2025(3) dt.09-02-2026
                                                         3/3




                       like amount each to the satisfaction of Court below/concerned

                       Court in connection with Hajipur Town P.S. Case No. 817 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)
Rajorshi/-

U       T


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