Patna High Court
Prince KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court held that bail should be granted to the petitioner subject to specified conditions.
Summary
Prince Kumar, who was in custody for an alleged robbery of ornaments, applied for bail under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the accused, along with two others, used a white Apache motorcycle to snatch gold and silver ornaments, while the defence argued that the petitioner was falsely implicated merely because he owned a similar motorcycle and that no incriminating material was recovered from him. The defence also highlighted the petitioner’s clean antecedent and the absence of any TIP to establish his involvement. The court examined these submissions and, noting the lack of concrete evidence and the petitioner’s clean record, granted bail subject to a bond of Rs. 10,000 with two sureties and several conditions regarding attendance, conduct, and verification of antecedents. The order further clarified that any observations made therein would not affect the trial.
Issues considered
- Whether bail should be granted to a person accused under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023 when the only link is ownership of a similar motorcycle.
- Whether the absence of recovered incriminating articles and lack of a TIP justify granting bail.
- Whether the petitioner’s clean criminal antecedent influences the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(6)
Subjects
- bail
- criminal procedure
- Section 309
- Bharatiya Nyaya Sanhita
- suspicion
- false implication
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85315 of 2025
Arising Out of PS. Case No.-349 Year-2025 Thana- MUFFASIL District- Aurangabad
======================================================
Prince Kumar, Son of Chandan Prasad Soni @ Chandan Soni, Resident of
Village - Nehutta, P.S.- Muffasil, District - Aurangabad (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Muffasil P.S. Case No. 349 of 2025 registered
for the offences punishable under Section 309(6) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant has
alleged that while he was going to sell ornaments, three persons
on a white Apache motorcycle intercepted him and on the point
of pistol snatched away the gold ornaments and the silver
ornaments and fled away.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case merely on
suspicion because he happens to be an owner of the white
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Apache motorcycle. It has been submitted that no incriminating
articles have been recovered from the conscious possession of
the petitioner and till date no TIP has been held in order to
ascertain the identity of the petitioner to be involved in the said
incident. It has further been submitted that the petitioner carries
clean antecedent and is in custody since 14.09.2025.
5. The learned A.P.P. has vehemently opposed the
prayer for bail.
6. Considering the aforesaid submissions made by the
parties, 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 with Muffasil P.S. Case No. 349 of 2025, subject to
the following conditions:-
(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
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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.
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)
manoj/-
U T
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