Patna High Court
Pravin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Summary
Petitioner Pravin Kumar was arrested in connection with a robbery in which a bag containing cash and documents was snatched from a woman’s hands. He was not named in the FIR; his name surfaced only from a secret informant’s tip recorded in the case diary. The prosecution alleged that the motorcycle used in the robbery was owned by the petitioner and highlighted two prior criminal antecedents. The petitioner’s counsel argued that the evidence was weak, the motorcycle was recovered from the petitioner’s village rather than his residence, and that he was falsely implicated. The High Court, noting the lack of his name in the FIR and the tenuous link to the recovered motorcycle, granted bail on a Rs 10,000 bond with two sureties, subject to conditions regarding cooperation, non‑tampering with evidence, and verification of his criminal antecedents.
Issues considered
- Whether bail should be granted when the accused is not named in the FIR and the link to the alleged crime is based solely on secret information.
- Whether the recovery of the alleged weapon (motorcycle) from the accused’s village and prior criminal antecedents justify denial of bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 304(2)
Subjects
- bail
- criminal antecedent
- secret informant
- theft
- Section 304(2)
- Bharatiya Nyay Sanhita
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84459 of 2025
Arising Out of PS. Case No.-261 Year-2025 Thana- KHIJARSARAI District- Gaya
======================================================
Pravin Kumar S/o Rajnandan Yadav Resident of Village- Genda Bigha, P.S.-
Hulashganj, District- Jehanabad, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar, Advocate
: Mr. Shubhankar Raj, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 31-01-2026 Heard Mr. Umesh Kumar, learned counsel for the
petitioner as well as Mr. Manoj Kumar, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
25.08.2025 in connection with Khizersarai P.S. Case No. 261 of
2025, F.I.R. dated 10.07.2025 for the offences punishable under
Sections 304(2) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, it is alleged that
when the informant along with his sister-in-law was returning to
home in motorcycle after withdrawing of Rs.2 Lakh from Bank,
in the meantime, two persons in motorcycle came and snatched
bag, from the hand of sister-in-law of informant, containing
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PAN Card, cheque book, Pass Book, Rs.2 Lakh cash and then
fled away.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. Petitioner is not named in the FIR and his name
transpired during investigation on the basis of secret information
which was recorded in paragraph no.54 of the case diary and as
per FIR one Blue Appachy motorcycle has been used in the
alleged occurrence but nothing was recovered from the front of
house of the petitioner and the said motorcycle belongs to one
Chotu Kumar and till date no TIP has been conducted. He
further submits that the police after investigation submitted the
charge sheet against the petitioner and the petitioner is in
custody since 25.08.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the recovered motorcycle belongs to the petitioner
and apart from that the petitioner carries two criminal
antecedents other than the present one but fairly submits on the
basis of paragraph-3 of the bail application that the petitioner is
on bail in the said matter.
6. Considering the aforesaid facts and circumstances,
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petitioner is not named in the FIR and his name transpired on
the basis of secret information and the recovery of the
motorcycle used in the alleged occurrence was made from
village of the petitioner and not from front of his house, 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 Judicial
Magistrate, First Class, Gaya in connection with Khizersarai
P.S. Case No. 261 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the 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
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acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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