Created by Fuzzy Cloud

Patna High Court

Ashish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

The petitioner, Ashish Kumar, was arrested in connection with a robbery case (Supaul PS Case No. 421 of 2025) alleged under Section 309(4) of the B.N.S. The prosecution’s case is based on a secret informant’s tip that the petitioner was part of a gang that snatched a bag containing cash and electronic devices. The petitioner’s counsel argued that the allegation stems solely from the informant’s information, no incriminating material has been recovered from him, and he has a clean antecedent, having been in custody since 27‑08‑2025. The State opposed bail, but the court considered the lack of material evidence and the petitioner’s background. Justice Sourendra Pandey ordered the petitioner’s release on bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions regarding attendance, verification of antecedents, and possible cancellation on breach. The order also clarified that any observations made would not affect the trial proceedings.

Issues considered

  • Whether bail should be granted to the petitioner under Section 309(4) of the B.N.S. given the reliance on a secret informant and absence of recovered incriminating material.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Section 309(4)
  • secret informant
  • clean antecedent
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85360 of 2025
                        Arising Out of PS. Case No.-421 Year-2025 Thana- SUPAUL District- Supaul
                 ======================================================
                 Ashish Kumar S/O Dilip Pasi R/O Village - Vina Andauli, Ward No - 07,
                 vina, PS - Supaul, District - Supaul, State - Bihar

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kuldeep Kumar, Adv.
                 For the Opposite Party/s :        Mr. Shahabuddin Azeem @ S. Azeem
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   06-01-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the state.

                                2. The petitioner seeks bail in connection with Supaul

                   P.S. Case No. 421 of 2025, dated 14.08.2025, instituted for the

                   offences under Sections 309(4) of the B.N.S.

                                3. As per prosecution case, the informant has alleged

                   that while he was returning after collection, with a sum of Rs.

                   45,440/-, a few miscreants intercepted him and snatched away

                   the bag at the point of pistol along with Company owned tablet

                   and Samsung mobile phone.

                                4. Learned counsel for the petitioner submits that the

                   name of the petitioner has surfaced on the basis of a secret

                   information given by a spy. It has next been submitted that no

                   incriminating material has been recovered from the conscious
Patna High Court CR. MISC. No.85360 of 2025(2) dt.06-01-2026
                                            2/3




          possession of the petitioner and till date no T.I.P. has been

          conducted to identify the petitioner and the petitioner has clean

          antecedent and is in custody since 27.08.2025.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail of the petitioner.

                        6. Considering the aforesaid submissions, the

          petitioner above named, is directed to be released on bail on

          furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned C.J.M., Supaul in connection with Supaul P.S. Case

          No. 421 of 2025, subject to the following conditions:-

                        (i) One of the bailors will be a close relative of the

          petitioner.

                        (ii) The petitioner 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 consecutive dates or in

          violation of the terms of the bail, the bail bond of the petitioner

          will be liable to be canceled by the Court concerned.

                        (iv) 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
           Patna High Court CR. MISC. No.85360 of 2025(2) dt.06-01-2026
                                                       3/3




                     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 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.



                                              (Sourendra Pandey, J)
pravinkumar/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.