Patna High Court
Banti Singh @ Ajay SinghversusThe 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
Banti Singh, detained since 27‑08‑2025, applied for bail in a robbery case (Supaul P.S. Case No. 421 of 2025) charged under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s case is based on a secret informant’s tip and no incriminating material has been recovered from the petitioner, nor has a TIP been conducted. The petitioner highlighted that a co‑accused, Ashish Kumar, was granted bail in a similar case (Cr. Misc. No. 85360 of 2025). The State opposed bail. The court, noting the petitioner’s prolonged custody, the lack of material evidence, and the precedent of bail to the co‑accused, ordered bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding surety composition, personal appearance, and verification of antecedents. The order was made subject to cancellation if conditions are breached, and the observations are not to affect the trial.
Issues considered
- Whether bail should be granted in a case punishable under Section 309(4) of the Bharatiya Nyaya Sanhita given the facts.
- Whether the absence of recovered material and lack of a TIP justify bail.
- Whether the grant of bail to a similarly situated co‑accused influences the decision.
- Whether the petitioner’s prior criminal antecedents affect the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4)
Subjects
- bail
- Section 309(4) B.N.S.
- robbery
- secret informant
- criminal antecedent
- sureties
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85567 of 2025
Arising Out of PS. Case No.-421 Year-2025 Thana- SUPAUL District- Supaul
======================================================
Banti Singh @ Ajay Singh, S/o Late Arjun Kumar Singh @ Arjun Singh, R/o
Village- Balba, Ward No. 5, P.S.- Nauhatta, Distt.- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Mishra, Adv.
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, Addl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 08-01-2026 Heard the learned counsel for the petitioner and the
learned Addl. Public Prosecutor for the State.
2. The petitioner, who is in custody, seeks bail in
connection with Supaul P.S. Case No. 421 of 2025 registered for
the offence(s) punishable under Section(s) 309(4) of the
Bharatiya Nyaya Sanhita, 2023 (B.N.S.).
3. As per the prosecution case, the informant has
alleged that while he was returning after collection of 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
tablets and Samsung mobile phone.
4. The learned counsel for the petitioner submits
that the name of the petitioner has been surfaced on the basis of
a secret information given by a spy. It has next been submitted
Patna High Court CR. MISC. No.85567 of 2025(2) dt.08-01-2026
2/3
that no incriminating material has been recovered from the
conscious possession of the petitioner and till date, no T.I.P. has
been conducted to identify the petitioner. It has lastly been
submitted that the petitioner carries three criminal cases against
his name and he is in custody since 27.08.2025.
5. The learned counsel for the petitioner submits
that the similarly situated co-accused, namely, Ashish Kumar
has been granted the privilege of bail by this Court vide order
dated 06.01.2026 passed in Cr. Misc. No. 85360 of 2025.
6. The learned Addl. Public Prosecutor for the State
has vehemently opposed the prayer for bail.
7. Regard being had to the facts and circumstances
of the case and taking note of the facts that the petitioner has
remained in custody since 27.08.2025 and the similarly situated
accused has been granted bail by this Court, let the petitioner,
above-named, be released on bail on his 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
Supaul P.S. Case No. 421 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 a local resident.
Patna High Court CR. MISC. No.85567 of 2025(2) dt.08-01-2026
3/3
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the concerned
Court.
(iv) The concerned Court shall verify the criminal
antecedent of the petitioner and in case, at any stage, it is
found that he has concealed his criminal antecedent, the
Court concerned shall take necessary steps for cancellation
of his bail bond. However, the acceptance of bail bond in
terms of the above-mentioned order shall not be delayed
for purpose of or in the name of verification.
8. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
9. The application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
U T
Checking your session…