Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- B.N.S. — s. 309(4)
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
2/4
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
3/4
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
4/4
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
Checking your session…