Patna High Court
Nivas KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to strict conditions.
Summary
The petitioner, Nivas Kumar, was arrested in connection with a robbery alleged under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023, where two motorcycles allegedly carried five miscreants who stole a mobile, ATM cards and cash. The prosecution relied on the informant’s allegation and the recovery of a SIM card and Rs.1,500, but no material was recovered from the petitioner’s possession. The defence argued that the petitioner was falsely implicated, that no TIP had been conducted to establish his identity, and that a confessional statement before police was inadmissible. The learned A.P.P. opposed bail, citing the seriousness of the offence and the petitioner’s prior criminal cases. The court, after considering the submissions, granted bail on a Rs.10,000 bond with two sureties and imposed several conditions, including personal appearance in court, reporting to the Superintendent of Police, and possible cancellation for future offences or concealment of antecedents.
Issues considered
- Whether bail should be granted to the accused in a case of alleged robbery under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023, given the nature of the allegations and the petitioner’s criminal antecedents.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 310(2)
Subjects
- bail
- robbery
- Section 310(2) B.N.S.
- false implication
- TIP
- confessional statement
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85614 of 2025
Arising Out of PS. Case No.-297 Year-2025 Thana- DEEPNAGAR District- Nalanda
======================================================
Nivas Kumar, S/o- Pappu Gop @ Papu Gop, R/v- Vijawanpar Ps- Deepnagar
Dist- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Prasad, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 08-01-2026 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 Deepnagar P.S. Case No.297 of 2025 registered
for the offence punishable under Section 310(2) of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant has
alleged that two motorcycles borne five miscreants snatched
away his mobile, ATM cards and Rs.1,000/- cash.
4. Learned counsel for the petitioner submits that he
has falsely been implicated in this case merely because he
carries two criminal cases of a similar nature. It has next been
submitted that though the recovery of SIM card of the informant
and 1,500/- rupees has been shown, however, no such recovery
Patna High Court CR. MISC. No.85614 of 2025(2) dt.08-01-2026
2/3
was made from the conscious possession of the petitioner and
the police has falsely implicated the petitioner. It has further
been submitted that till date no TIP has been conducted to prove
the identity of the petitioner to be involved in the present case.
The confessional statement before the police is not admissible in
law and the petitioner is in custody since 11.07.2025.
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 Deepnagar P.S. Case No.297 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
similar nature of offence in future, the prosecution shall
Patna High Court CR. MISC. No.85614 of 2025(2) dt.08-01-2026
3/3
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.
(vi) In view of the antecedent of the
petitioner, the petitioner is directed to appear before the
Superintendent of Police, Nalanda 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 petitioner before the court
concerned.
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
Checking your session…