Patna High Court
Sahil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted bail to the petitioner subject to strict conditions.
Summary
The petitioner, Sahil Kumar, was arrested in connection with a robbery under Section 392 of the Indian Penal Code, alleged to have occurred at a petrol pump where he and others were accused of snatching cash and a mobile phone. The prosecution’s case relied primarily on the confessional statement of a co-accused, Pritam Paswan, and no incriminating articles were recovered from the petitioner’s possession, nor was a third information report conducted. The petitioner argued that the FIR was initially filed against unknown persons and that his identification was solely based on the co-accused’s confession, contending that this did not justify denial of bail. The State opposed bail, emphasizing the seriousness of the offence. The court, after considering the lack of direct evidence and the fact that co-accused had already been granted bail, ordered the petitioner’s release on bail with a bond of Rs.10,000 and several conditions, including regular court attendance and police monitoring. The order expressly stated that the observations made would not affect the trial proceedings.
Issues considered
- Whether bail should be granted in a robbery case under Section 392 IPC when the primary evidence against the accused is a co-accused’s confessional statement and no material evidence has been seized.
Legislation cited
- Indian Penal Code — s. 392
Subjects
- bail
- robbery
- Section 392 IPC
- confessional statement
- co-accused
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84577 of 2025
Arising Out of PS. Case No.-318 Year-2023 Thana- CHIRAIYA District- East Champaran
======================================================
Sahil Kumar S/O Vikram Paswan @ Surjit Paswan R/O Vill.- Harihara, P.S.-
Shikarganj, Dist.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 05-01-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Chiraiya P.S. Case No. 318 of 2023
registered for the offences punishable under Section 392 of
the Indian Penal Code.
3. As per the prosecution case, the informant has
alleged that while he was present at a petrol pump, four
miscreants arrived on two motorcycles. One of the
miscreants fired a shot and at the point of a pistol, the
accused persons snatched Rs. 40,000/- and the mobile
phone of the informant.
4. The learned counsel for the petitioner submits
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that the F.I.R. was registered against unknown persons and
that the petitioner’s name has subsequently transpired solely
on the basis of the confessional statement of the co-accused,
namely, Pritam Paswan. It is further submitted that no
incriminating article has been recovered from the conscious
possession of the petitioner and that till date no T.I.P has
been conducted. It is also submitted that the co-accused
persons, namely, Chandan Thakur and Pritam Paswan, have
already been granted bail by a coordinate Bench of this
Hon’ble Court vide order dated 18.10.2023 passed in Cr.
Misc. No. 68140 of 2023 and vide order dated 12.02.2025
passed in Cr. Misc. No. 4843 of 2025 respectively.
5. The learned A.P.P. has vehemently opposed the
prayer for bail.
6. Considering the aforesaid submission, facts and
circumstances of the case, 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 Chiraiya P.S. Case
No. 318 of 2023 subject to the following conditions:-
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(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 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, East Champaran, Motihari within fifteen days of his
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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.
7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any,
made in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U T
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