Patna High Court

ARVIND PRASAD @ ARVIND RAM @ TIWARIversusThe State of Bihar

Decided: 23 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner, finding insufficient evidence to justify continued detention.

Summary

The petitioner, Arvind Prasad, sought regular bail in a case under Section 309(4) of the Bihar Negotiable Instruments Act, alleging he was falsely implicated in a robbery where Rs. 1,90,000 was stolen. The prosecution’s case relied on a confessional statement by co‑accused Uma Prasad, which named the petitioner, and the recovery of a bike from Uma Prasad’s possession. The petitioner argued that the FIR was lodged against unknown persons, only Rs. 15,000 was recovered from him, and that similarly situated co‑accused had already been granted bail. The State opposed bail, citing the petitioner’s prior criminal antecedent. The court, after considering the lack of substantive evidence against the petitioner beyond the co‑accused’s confession and the precedent of bail to co‑accused, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail under Section 309(4) of the Bihar Negotiable Instruments Act despite the confessional statement of a co‑accused.
Whether the petitioner’s prior criminal antecedent warrants denial of bail.

Legislation cited

Bihar Negotiable Instruments Act — s. 309(4)

Subjects

regular bail
Section 309(4)
Bihar Negotiable Instruments Act
confessional statement
co‑accused
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86787 of 2025
                   Arising Out of PS. Case No.-114 Year-2025 Thana- CHAND District- Kaimur (Bhabua)
                 ======================================================
                 ARVIND PRASAD @ ARVIND RAM @ TIWARI Son of Tengar Ram R/o
                 village - Katra Kala, P.S.- Mohania, District - Kaimur at Bhabua

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Tribhuwan Narayan, Advocate
                 For the Opposite Party/s :       Mr.Suman Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   23-02-2026                       Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under section 309 (4) of

                   the BNS.

                                3.     The case of the prosecution is that two persons

                   riding on a bike snatched a sum of Rs. 1,90,000/- from the right

                   pocket of the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that the

                   FIR was lodged against unknown miscreants. During the course

                   of investigation, one Uma Prasad was apprehended and he gave

                   his confessional statement. On the basis of the said confessional
Patna High Court CR. MISC. No.86787 of 2025(3) dt.23-02-2026
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          statement, name of the petitioner surfaced in the present case. It

          is further submitted that the bike used in the occurrence was

          recovered from the possession of co-accused, namely Uma

          Prasad. It is further submitted that only a sum of Rs. 15,000/-

          was recovered from the possession of this petitioner. Save and

          except the confessional statement of co-accused, Uma Prasad,

          there is nothing against him. It is further submitted that similarly

          situated co-accused, namely, Shivraj Chauhan @ Pandit

          Chauhan @ Rohit Chauhan @ Tejbali Chauhan @ Tejbali has

          already been granted bail by a co-ordinate Bench of this Court

          vide order dated 08.07.2025 passed in Cr. Misc. No. 39206 of

          2025. Moreover, the petitioner is languishing in judicial custody

          since 03.05.2025.

                       5. Learned APP appearing for the state has opposed

          the prayer of regular bail stating that the petitioner has one

          criminal antecedent.

                       6. Considering the aforesaid facts and circumstances

          of the case, this court is inclined to enlarge the petitioner on

          bail. The above named petitioner is directed to be released on

          bail in connection with Sessions Trial No. 323 of 2025 arising

          out of Chand P.S. Case No. 114 of 2025 on furnishing bail bond

          of Rs.10,000/- (ten thousand) with two sureties of the like
            Patna High Court CR. MISC. No.86787 of 2025(3) dt.23-02-2026
                                                        3/3




                      amount each to the satisfaction of learned Additional Sessions

                      Judge – XI, Kaimur at Bhabua.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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