Patna High Court

Shekhar Kumar SinhaversusThe State of Bihar

Decided: 27 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Shekhar Kumar Sinha, applied for bail in a criminal case (PS Case No. 326 of 2025) registered under Section 309(6) of the B.N.S., 2023. The prosecution alleged that unknown miscreants in an Ertiga vehicle assaulted him and stole his Tata Intra loaded with vegetables, along with Rs. 600 and a mobile phone. The petitioner contended that the FIR was lodged against unknown assailants, that he was merely the owner of the vehicle, and that the case was false with no material recovered from him; he had been in judicial custody since 21 July 2025. The State opposed bail, citing a prior criminal antecedent. After hearing both sides, the court found insufficient evidence to justify continued detention and ordered the petitioner to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner in a case under Section 309(6) of the B.N.S., 2023 given the alleged facts and the petitioner’s claim of innocence
Whether the petitioner’s prior criminal antecedent warrants denial of bail

Legislation cited

B.N.S., 2023 — s. 309(6)

Subjects

bail
criminal procedure
Section 309(6)
false case
theft
prior criminal antecedent
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82993 of 2025
                  Arising Out of PS. Case No.-326 Year-2025 Thana- BAHADURGANJ District- Kishanganj
                 ======================================================
                 Shekhar Kumar Sinha Son of Basant Kumar Sinha Resident of Village-
                 Tedhari, P.S.- Jiyapokhar, District- Kishanganj
                                                                        ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ram Prawesh Kumar, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   27-01-2026                    Heard Mr. Ram Prawesh Kumar, learned counsel for

                   the petitioner and Mr. Sanjay Kumar Pandey, learned APP for the

                   State.

                                2. The petitioner has prayed for bail in connection with

                   Bahadurganj P.S. Case No. 326 of 2025 registered for the offence

                   punishable under Section 309(6) of the B.N.S., 2023.

                                3. The case of the prosecution in short is that unknown

                   miscreants in an Ertiga car have intercepted him, assaulted him

                   and taking away his Tata Intra with registration number WB-73G-

                   7015 loaded with vegetables. It is further alleged that the

                   miscreants also took Rs. 600/- and a Redmi Note-11 mobile

                   phone.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. Learned
          Patna High Court CR. MISC. No.82993 of 2025(3) dt.27-01-2026
                                                      2/2




                    counsel for the petitioner submits that the FIR was lodged against

                    unknown miscreants. During the course of the investigation, the

                    petitioner was apprehended as he is the owner of the said car. He

                    also submits that the real fact is that there was a scuffle between

                    the two vehicle owners, and as the informant has noted his vehicle

                    number, has filed a false case. He also submits that nothing has

                    been recovered from the possession of the petitioner. No TIP has

                    been conducted. He further submits that the petitioner is

                    languishing in judicial custody since 21.07.2025.

                                 5. The application for bail is opposed by learned APP

                    for the State and submits that the petitioner is having criminal

                    antecedent of one case.

                                 6. Having heard learned counsel for the parties and

                    considering the facts and circumstances of the case, this Court is

                    inclined to enlarge the petitioner on bail.          The above named

                    petitioner is directed to be enlarged on bail on furnishing bail

                    bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of

                    the like amount each to the satisfaction of the learned Chief

                    Judicial Magistrate, Kishanganj in connection with Bahadurganj

                    P.S. Case No. 326 of 2025.



                                                   (Ashok Kumar Pandey, J)
Sudhanshu/-
U      T

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