Patna High Court

Uday KumarversusThe State of Bihar

Decided: 2 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Uday Kumar, was arrested in connection with a theft of a gold Hanumani locket under Section 309(4) of the BNS. The prosecution alleged that three bikers snatched the locket from an informant, and a co-accused’s confession implicated the petitioner, with the locket later recovered from his possession. The petitioner claimed innocence, argued that the FIR was lodged against unknown miscreants, and highlighted the absence of any Test Identification Parade. He also emphasized his clean criminal record and that he had been in judicial custody since 20‑09‑2025. Considering these circumstances, the High Court granted regular bail on a bond of Rs.10,000 with two sureties.

Issues considered

Whether regular bail should be granted to the petitioner under Section 309(4) of the BNS despite the recovery of the stolen locket from his possession.
Whether the lack of a Test Identification Parade and the petitioner’s clean antecedents justify the grant of bail.
Whether the co‑accused’s confessional statement is sufficient to sustain the prosecution’s case for continued detention.

Legislation cited

BNS — s. 309(4)

Subjects

regular bail
Section 309(4) BNS
theft
identification parade
criminal antecedent
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84202 of 2025
                      Arising Out of PS. Case No.-140 Year-2025 Thana- TAJPUR District- Samastipur
                 ======================================================
                 Uday Kumar S/o Ramji Sahni @ Ramjee Sahni R/o Village - Nishfi Mirjapur,
                 P.S - Tajpur, District - Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Lakshmindra Kumar Yadav, Advocate
                 For the Opposite Party/s :       Mr.Rina Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   02-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 309 (4) of

                   the BNS.

                                3. The case of the prosecution is that on 21.08.2025

                   while the informant was returning to Tajpur Branch after

                   collection, three bikers intercepted him and at the point of pistol

                   snatched one gold Hanumani locket and fled away.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that the

                   FIR was lodged against unknown miscreants. During the course
Patna High Court CR. MISC. No.84202 of 2025(3) dt.02-02-2026
                                            2/3




          of investigation, one of the co-accused, namely, Sunny has

          given his confessional statement, on the basis of which the name

          of the petitioner has surfaced.

                        5. From perusal of the order passed by the learned

          trial Court, it also transpires that the said locket was recovered

          from the possession of this petitioner.

                       6. Learned counsel for the petitioner submits that till

          today, no Test Identification Parade (TIP) either of the person or

          of the locket conducted, whereas the informant has merely

          stated that he identified the miscreants and has claimed that the

          said gold Hanumani Locket belongs to him. However, the same

          is not the subject matter of the alleged offence,

                       7. Learned counsel for the petitioner lastly submits

          that the petitioner has no criminal antecedent and is languishing

          in judicial custody since 20.09.2025.

                       8.     Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       9. Considering the aforesaid facts and circumstances

          of the case, this court is inclined to enlarge the petitioner on

          bail. The above named petitioner is directed to be released on

          bail in connection with Tajpur P.S. Case No. 140 of 2025 on

          furnishing bail bond of Rs.10,000/- (ten thousand) with two
            Patna High Court CR. MISC. No.84202 of 2025(3) dt.02-02-2026
                                                        3/3




                      sureties of the like amount each to the satisfaction of learned

                      ACJM-1st, Samastipur.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

Continue reading with your account

Checking your session…