Patna High Court
Arvind Kumar @ BaunaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4), 317(2)
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
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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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