Patna High Court
Neeraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted bail to the petitioners subject to specified conditions.
Summary
Neeraj Kumar and Sudhir Kumar were arrested in connection with a robbery in which four to five miscreants, armed with a gun, allegedly robbed an informant of Rs. 7,000 and two motorcycles. The petitioners were charged under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 and have prior criminal antecedents—three for Neeraj and one for Sudhir. They applied for bail, claiming false implication, while the State opposed the relief. The Patna High Court, after hearing counsel, ordered their release on bail of Rs.10,000 each with two sureties, subject to conditions including a close relative as bailor, mandatory court appearances, and verification of antecedents. The court also directed periodic reporting to the Superintendent of Police for nine months to monitor conduct, and warned that any violation could lead to cancellation of bail.
Issues considered
- Whether bail should be granted to accused persons with prior criminal antecedents for an offence under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023
- Whether the court can impose conditions such as verification of antecedents and police monitoring as part of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4)
Subjects
- bail
- criminal antecedent
- robbery
- firearms
- Section 309(4)
- Bharatiya Nyaya Sanhita
- high court
- conditions of bail
- police monitoring
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84520 of 2025
Arising out of PS. Case No.-267 Year-2025 Thana- PARIHAR District- Sitamarhi
======================================================
1. Neeraj Kumar S/o Satyanarayan Mahto R/o village - Kadharwa (Badi Singh-
wahini) @ ward no. 9 Karharwa Singhibahni @ Karharwa, P.S.- Bhutahi @
Bhuthi, District - Sitamarhi
2. Sudhir Kumar S/o Ajay Raut R/o village - Kadharwa (Badi Singhwahini) @
ward no. 9 Karharwa Singhibahni @ Karharwa, P.S.- Bhutahi @ Bhuthi,
District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s: Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the state.
2. The petitioners seek bail in a case instituted for the
offences under Section 309(4) of the Bharatiya Nyaya Sanhita,
2023. Petitioner No. 1 has three criminal antecedents and Peti-
tioner No. 2 has one criminal antecedent.
3. As per the prosecution case, the informant has al-
leged that in the night when he along with his friend was com-
ing from his house, 4-5 miscreants on two Apache motorcycle
wrongfully restrained them. It is further alleged that on the gun-
point they robbed the informant of Rs. 7,000/- and two motorcy-
cles.
Patna High Court CR. MISC. No.84520 of 2025(2) dt.05-01-2026
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4. Learned counsel for the petitioners submits that the
petitioners have falsely been implicated in this case. It is further
submitted that the recovery of two motorcycles were made from
the house of co-accused Vikram Kumar and Govind Kumar and
the petitioners have been remanded in the present case from
Sonbarsa P.S. Case No. 155 of 2025. It is lastly submitted that
the charge-sheet has been submitted against the petitioners and
petitioner No. 1 has three criminal antecedents and Petitioner
No. 2 has one criminal antecedent and they are in custody since
13.08.2025.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid submissions of learned
counsel and taking into account the fact that the petitioners are
in custody since 13.08.2025, the petitioners above named, are
directed to be released on bail on furnishing bail-bonds of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the concerned learned Ju-
dicial Magistrate, 1st Class, Sitamarhi in connection with Parihar
P.S. Case No. 267 of 2025, subject to the the following condi-
tions:-
(i) One of the bailors will be a
Patna High Court CR. MISC. No.84520 of 2025(2) dt.05-01-2026
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close relative of the petitioners.
(ii) The petitioners will remain
present on each and every date fixed by the
Court below, if so required by the learned Trial
Court.
(iii) In case of absence on two con-
secutive dates or in violation of the terms of the
bail, the bail bond of the petitioners will be li-
able to be canceled by the Court concerned.
(iv) And further condition that the
court below shall verify the criminal antecedent
of the petitioners as mentioned above and in
case at any stage it is found that the petitioners
has concealed his criminal antecedent, the court
below shall take step for cancellation of bail
bond of the petitioners. However, the accep-
tance of bail bonds in terms of the above-men-
tioned order shall not be delayed for purpose of
the same or in the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. In view of the antecedents of the petitioners, the pe-
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titioners are directed to appear before the Superintendent of Po-
lice, Sitamarhi within fifteen days of their release with a copy of
this order and every two weeks thereafter for the next nine
months. The conduct of the petitioners 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 Su-
perintendent of Police, a certificate will be filed by the petition-
ers before the court concerned.
(Sourendra Pandey, J)
Vikash/-
U T
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