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Patna High Court

Sunil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner with specified conditions.

Summary

The petitioner, Sunil Kumar, applied for bail in a case registered under Section 309(4) of the B.N.S. for alleged robbery of a motorcycle. The prosecution alleged his involvement based on a confessional statement recorded during a separate investigation, though the FIR did not name him and no incriminating material was found on him. The petitioner contended he was falsely implicated, citing lack of direct evidence and his prior criminal antecedents as unrelated. The State opposed bail, arguing the seriousness of the offence and his antecedents. The High Court, after considering the circumstances, granted bail on a Rs.10,000 bond with two sureties, imposing conditions including personal appearance, cooperation with police, and monitoring by the Superintendent of Police. The order emphasized that the bail conditions are not to affect the trial proceedings.

Issues considered

  • Whether bail should be granted to the petitioner in a case under Section 309(4) of the B.N.S. despite his prior criminal antecedents and the prosecution's reliance on a confessional statement.

Legislation cited

Subjects

  • bail
  • Section 309(4) B.N.S.
  • criminal antecedents
  • confessional statement
  • sureties
  • police monitoring

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85906 of 2025
                     Arising Out of PS. Case No.-34 Year-2025 Thana- GADHPURA District- Begusarai
                 ======================================================
                 Sunil Kumar S/O Jagdish Mahto R/O Village- Isimaila Thatiya, P.S- Rosera,
                 Distt.- Samastipur (Bihar).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Madhav Kumar, Adv.
                 For the Opposite Party/s :       Mr.Surendra Prasad Singh,APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   09-01-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner seeks bail in connection with

                   Garhpura P.S. Case No. 34 of 2025 dated 13.04.2025 registered

                   for the offence punishable under Section 309(4) of the B.N.S.

                                3. As per the prosecution case, the informant has

                   alleged that three unknown miscreants on a motorcycle

                   intercepted him and on the point of pistol, looted away his

                   motorcycle.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in this

                   case. The petitioner is not named in the FIR and during the

                   course of investigation while the petitioner was arrested in

                   connection with Rosera P.S. Case No. 130/2025 and his self
Patna High Court CR. MISC. No.85906 of 2025(2) dt.09-01-2026
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          confessional statement was recorded to have been involved in

          the present case. It has next been submitted that admission

          before the police cannot be ground for implicating the petitioner

          in the present case moreover no incriminating article has been

          recovered from the conscious possession of the petitioner and

          merely because the petitioner has two criminal antecedents of

          similar nature due to which he has been falsely implicated in

          this case. It has lastly been submitted that the petitioner has two

          criminal antecedents and he is in custody since 19.05.2025.

                        5. Learned A.P.P. has vehemently opposed the prayer

          for bail of the petitioner.

                        6. Considering the facts and circumstances of the

          case, the petitioner is directed to be released on bail on his

          furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          learned Court concerned, Begusarai in connection with

          Garhpura P.S. Case No. 34 of 2025, subject to the following

          terms and conditions :-

                        (i) One of the bailors shall be a close relative of the

          petitioner.

                        (ii) The petitioner shall remain physically present

          before the concerned Court on each and every date of the trial
Patna High Court CR. MISC. No.85906 of 2025(2) dt.09-01-2026
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          and shall cooperate in the investigation.

                       (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) The trial court shall verify the criminal antecedent

          of the petitioner and in case, at any stage, it is found that the

          petitioner has concealed his criminal antecedents, the trial court

          shall take necessary steps for cancellation of bail bond of the

          petitioner. 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.

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

          petitioner is directed to appear before the Superintendent of Police,

          Begusarai, within fifteen (15) 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 concerned Superintendent of Police 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

          of the petitioner 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. It is made clear that the observations, if any, made
           Patna High Court CR. MISC. No.85906 of 2025(2) dt.09-01-2026
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                     in this order, shall be of no bearing during the trial.

                                  8. The application stands allowed.



                                              (Sourendra Pandey, J)
Gautam/-

U     T


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