Patna High Court
Raju Kumar @ Raju Kushwaha @ Raju SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court granted bail to the petitioner, subject to specified conditions.
Summary
The petitioner, Raju Kumar, was arrested in connection with a robbery at gunpoint (Punaura PS Case No. 21 of 2025) and charged under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023. He contended that he was not named in the FIR and was falsely implicated because he possessed a list of similar cases, alleging a fabricated confessional statement. The State opposed his bail application. The Court examined the allegations, the nature of the offence, and the petitioner’s custody status, and decided to grant bail subject to stringent conditions, including a cash bond, sureties, personal appearance at each trial date, verification of antecedents, and periodic reporting to the Superintendent of Police. The order also stipulated that any violation of the conditions could lead to cancellation of bail. The Court clarified that any observations in the bail order would not affect the trial.
Issues considered
- What is the appropriateness of granting bail to the petitioner charged under Section 309(4) of the Bharatiya Nyaya Sanhita in view of the alleged false implication?
- Whether the petitioner’s alleged non‑inclusion in the FIR and claim of fabricated confession justify bail?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4)
Subjects
- bail
- Section 309(4)
- Bharatiya Nyaya Sanhita
- robbery
- false implication
- criminal procedure
- conditions of bail
- verification of antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83797 of 2025
Arising Out of PS. Case No.-21 Year-2025 Thana- PUNAURA District- Sitamarhi
======================================================
Raju Kumar @ Raju Kushwaha @ Raju Singh, Son of Late Suresh Kushwaha
@ Suresh Singh @ Surendra Singh, Resident of Village- Ramnagra, P.S.-
Riga, Distt.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Prabhat, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Punaura P.S. Case No. 21 of 2025 registered for
the offences punishable under Section 309(4) of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant along
with others, was returning to his branch and was intercepted by
three miscreants, who were riding a motorcycle and on the
gunpoint they looted sum of Rs.1,09,840/-.
4. The learned counsel for the petitioner submits that
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the petitioner is not named in the FIR and he has been dragged
into this case merely because he has been carrying list of 16
cases of similar nature. It has been submitted that the police in
order to close the case has falsely implicated the petitioner
showing the confessional statement of the petitioner, who has
been remanded in the present case on 02.07.2025.
5. The learned A.P.P. has vehemently opposed the
prayer for bail.
6. Considering the aforesaid submissions made by the
parties, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
court below where the case is pending/successor court in
connection with Punaura P.S. Case No. 21 of 2025, subject to
the following conditions:-
(i) One of the bailors of the petitioner
shall be his close relative and the other shall be
local resident.
(ii) The petitioner shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two
consecutive dates or in violation of the terms of the
bail, the bail bond of the petitioner will be liable to
be cancelled by the court concerned.
(iv) If the petitioner is found involved in
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similar nature of offence in future, the prosecution
shall be at liberty to move for cancellation of his
bail bond.
(v) The learned Court below shall verify
the criminal antecedent of the petitioner and in case
at any stage it is found that the petitioner has
concealed his criminal antecedent, the court below
shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be
delayed for purpose of or in the name of
verification.
(vi) In view of the antecedent of the
petitioner, the petitioner is directed to appear before
the Superintendent of Police, Sitamarhi within
fifteen days of his release with a copy of this order
and every two weeks thereafter for the next nine
months. The conduct of the petitioner will be kept
under watch in this period by the Superintendent of
Police concerned and if it is found wanting in any
respect, a report shall be made to the court
concerned by him to initiate a proceeding for
cancellation of bail for reasons of misuse of bail.
After reporting to the Superintendent of Police, a
certificate will be filed by the petitioner before the
court concerned, order shall not be delayed for
purpose of or in the name of verification.
7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any, made in
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this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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