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Patna High Court

Birendra Ram @ Virendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to specified conditions.

Summary

The petitioner, Birendra Ram, was arrested in connection with Harsidhi Police Station Case No. 72 of 2025 for offences under Section 309(2) of the Bharatiya Nyaya Sanhita, 2023, later amended by Section 309(4). The prosecution alleged that two unknown persons stole Rs.47,450 and a mobile phone, but the petitioner was not named in the FIR and no incriminating material was found in his possession. The petitioner’s alleged involvement rests solely on a confessional statement recorded during a separate arrest (Case No. 108 of 2025), and no TIP has been conducted to identify his role. He has three prior criminal antecedents and has been in custody since 24 April 2025, while a co‑accused, Vishal Kumar, had previously been granted bail. The State opposed bail, but the court, after considering the lack of direct evidence and the petitioner’s circumstances, granted bail on a Rs.10,000 bond with two sureties and imposed several conditions. The order also clarified that any observations made therein would not affect the trial proceedings.

Issues considered

  • Whether bail should be granted to the petitioner in a case under Section 309(2) of the Bharatiya Nyaya Sanhita, 2023, given the reliance on a confessional statement and the petitioner’s criminal antecedents.

Legislation cited

Subjects

  • bail
  • confessional statement
  • Section 309
  • Bharatiya Nyaya Sanhita
  • criminal antecedent
  • theft
  • trial conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85622 of 2025
                   Arising Out of PS. Case No.-72 Year-2025 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Birendra Ram @ Virendra Kumar, Son of Chandeshwar Ram, R/o Village -
                 Manikpur, P.S. - Harsidhi, Dist. - East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr. Umesh Lal Verma, 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 Harsidhi P.S. Case No. 72 of 2025 registered

                   for the offences punishable under Section 309(2) of the

                   Bharatiya Nyaya Sanhita, 2023. Later on, Section 309(4) of the

                   Bharatiya Nyaya Sanhita, 2023 was added vide order dated

                   15.04.2025.

                                3. As per the prosecution case, the informant has

                   alleged that two unknown persons have snatched away the

                   money worth Rs.47,450/- and a mobile phone.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is not named in the FIR and no incriminating article

                   has been recovered from his conscious possession. It has further
Patna High Court CR. MISC. No.85622 of 2025(2) dt.08-01-2026
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          been submitted that till date no TIP has been conducted in order

          to ascertain the identity of the petitioner to be involved in the

          present case. It has lastly been submitted that the petitioner has

          been implicated in this case on the basis of his confessional

          statement recorded during his arrest in Harsidhi P.S. Case No.

          108 of 2025. It has also been submitted that other co-accused

          person, namely, Vishal Kumar has been granted bail by a Co-

          ordinate Bench of this Hon'ble Court vide order dated

          17.09.2022 passed in Cr. Misc. No.67451 of 2025. The

          petitioner carries three criminal antecedents and is in custody

          since 24.04.2025.

                       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 Harsidhi P.S. Case No. 72 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.
              Patna High Court CR. MISC. No.85622 of 2025(2) dt.08-01-2026
                                                          3/3




                                                     (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
                                        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.

                                     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


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