Patna High Court
Ashish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- B.N.S. — s. 309(4)
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
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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
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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
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