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Patna High Court

Pravin KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.84459 of 2025(3) dt.31-01-2026
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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,
Patna High Court CR. MISC. No.84459 of 2025(3) dt.31-01-2026
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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
            Patna High Court CR. MISC. No.84459 of 2025(3) dt.31-01-2026
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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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