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Patna High Court

Parmodh Kumar @ Parmodh Yadav @ Promodh Kumar @ Pramodh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to stringent conditions.

Summary

The petitioner, Parmodh Kumar, was charged in a robbery case under Section 392 IPC based on a co-accused's confessional statement, though his name does not appear in the FIR. The prosecution argued against bail, while the petitioner contended that no material was recovered from him and that a co-accused had already been granted bail. The court examined the lack of direct evidence against the petitioner, his existing bail status in other cases, and his custodial status since 28‑01‑2025. Considering these factors, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, imposing conditions such as regular appearance before the trial court, verification of antecedents, and periodic reporting to the Superintendent of Police. The order also stipulated cancellation of bail for non‑compliance and clarified that any observations made would not affect the trial.

Issues considered

  • Whether bail should be granted to an accused not named in the FIR but implicated through a co‑accused's confession in a robbery case under Section 392 IPC
  • Whether the petitioner’s prior criminal antecedents and custodial status justify denial of bail

Legislation cited

Subjects

  • bail
  • robbery
  • Section 392 IPC
  • confessional statement
  • co‑accused
  • criminal antecedent
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85525 of 2025
                      Arising Out of PS. Case No.-74 Year-2022 Thana- SIMULTALLA District- Jamui
                 ======================================================
                 Parmodh Kumar @ Parmodh Yadav @ Promodh Kumar @ Pramodh Yadav
                 S/o Pappu Yadav R/o Village - Pachiyari Kothiya, P.S - Jassidih, District -
                 Deoghar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Pramod Kumar, Adv.
                 For the State           :       Mrs. Pushpa Sinha, APP
                 ======================================================
                 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

                   Simultalla P.S. Case No. 74 of 2022, dated 09.08.2022,

                   instituted for the offences under Section 392 of the I.P.C.

                                 3. As per prosecution case, the informant has alleged

                   that while he was returning after collection along with Rs.

                   54,120/-, some miscreants intercepted him on the point of pistol

                   and they snatched away collected money along with Samsung

                   tab, Bio-metric machine and mobile phone.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is not named in the F.I.R. and his name has surfaced

                   on the basis of confessional statement of co-accused namely
Patna High Court CR. MISC. No.85525 of 2025(2) dt.06-01-2026
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          Aman Kumar Singh. It has next been submitted that no recovery

          whatsoever has been made from the conscious possession of the

          petitioner, rather recovery was made from the conscious

          possession of co-accused namely Aman Kumar Singh. It has

          further been submitted that co-accused namely Pankaj Kumar

          has been granted bail by a Coordinate Bench of this Court vide

          order dated 19.05.2023, passed in Cr. Misc. No. 22644 of 2023.

          It has next been submitted that though the petitioner has three

          criminal cases, in all cases he is on bail and he is in custody

          since 28.01.2025.

                        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., Jamui in connection with Simultalla P.S.

          Case No. 74 of 2022, 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
Patna High Court CR. MISC. No.85525 of 2025(2) dt.06-01-2026
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          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

          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.

                       (v). In view of the antecedents of the petitioner, the

          petitioner is directed to appear before the Superintendent of

          Police, within fifteen days of his 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
           Patna High Court CR. MISC. No.85525 of 2025(2) dt.06-01-2026
                                                       4/4




                     petitioner before the court concerned.

                                  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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