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Patna High Court

Abhay KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner with conditions.

Summary

The petitioner, Abhay Kumar, was arrested in connection with a robbery alleged to have occurred on 26‑08‑2022, where three miscreants allegedly stole Rs. 60,000 and a motorcycle from an informant. The motorcycle was later found at the petitioner’s father’s house, leading to his charge under Sections 382 and 34 of the Indian Penal Code. The petitioner claimed innocence, arguing that the informant fled after a dispute and that there was no incriminating material recovered from him, also highlighting a three‑day delay in filing the FIR. The State opposed bail, asserting that the petitioner was named in the FIR and could not escape liability. The court, after considering the lack of evidence of tampering, the filing of the charge sheet, and the petitioner’s custody period, granted bail subject to monetary sureties and conditions regarding trial attendance and non‑tampering.

Issues considered

  • Whether bail should be granted to the petitioner charged under Sections 382 and 34 IPC.
  • Whether there is a likelihood of the petitioner tampering with evidence or witnesses.
  • Whether the delay in lodging the FIR affects the bail application.

Legislation cited

Subjects

  • bail
  • IPC 382
  • IPC 34
  • robbery
  • evidence tampering
  • delay in FIR

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88105 of 2025
                    Arising Out of PS. Case No.-345 Year-2022 Thana- KOTWA District- East Champaran
                 ======================================================
                 Abhay Kumar Son of Yadavlal Rai @ Yadavlal Ray Resident of Village-
                 Koirgawa, P.S.- Kotwa, District- East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Adv.
                                                  Mr. Hemant Ray, Adv.
                 For the Opposite Party/s :       Mr. Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR 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 Kotwa

                   P.S. Case No. 345/2022 registered for the offences punishable

                   under Sections 382, 34 of the Indian Penal Code.

                                 3. As per prosecution case, on 26.08.2022 while the

                   informant was crossing the Talwa bridg, three miscreants riding

                   on a motorcycle overtook and stopped him and pointed the arms

                   on his head and took away a sum of Rs. 60,000/- and they fled

                   away by taking the informant’s motorcycle. The said motorcycle

                   was found from the house of Yadav Lal Rai who was father of

                   the petitioner. The petitioner and his brother Abhishek Kumar

                   are sons of Yadav Lal Rai. It is alleged that the petitioner is a
Patna High Court CR. MISC. No.88105 of 2025(2) dt.09-01-2026
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          professional thief and liquor dealer and has criminal antecedent.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has committed no offence as alleged

          in the FIR. The petitioner is languishing in custody since

          12.10.2025 and bears three criminal antecedents and in which

          he is on bail. No incriminating article has been recovered from

          the possession of the petitioner. Learned counsel for the

          petitioner has mentioned in para 10 that the petitioner was

          dashed by the motorcycle of the informant and dispute arose

          between the informant and accused persons including the

          petitioner and thereafter the informant fled away after leaving

          his motorcycle and lodged the false case. He further submits the

          said motorcycle was not stolen by the petitioner, rather the

          informant fled away after leaving his motorcycle at the door of

          the petitioner. The petitioner has been made accused in the

          present case without any cogent evidence or material. There is

          inordinate delay of three days in lodging the FIR as occurrence

          took place on 26.08.2022 and FIR has been lodged on

          29.08.2022 and no plausible explanation has been given

          regarding the said delay. In the light of aforesaid facts and

          circumstances of the case, no offence is made out against the

          petitioner for the aforesaid sections. Charge sheet has been
Patna High Court CR. MISC. No.88105 of 2025(2) dt.09-01-2026
                                            3/4




          submitted in this case and there is no likelihood of tampering

          with the prosecution evidence.

                       5.    The learned A.P.P. for the State vehemently

          opposed the prayer for bail of the petitioner and submitted that

          the petitioner is FIR named accused and he cannot escape from

          the allegation made in the FIR.

                       6. Considering the facts and circumstances of the

          case, period of custody, charge sheet has already been submitted

          in this case and there is no likelihood of tampering with the

          prosecution evidence, argument advanced on behalf of both

          sides and also taking into consideration the material available on

          record, let the petitioner above named be released on bail on

          furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)

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

          learned Judicial Magistrate-1st Class, East Champaran, Motihari

          in connection with Kotwa P.S. Case No. 345/2022, subject to

          following conditions:-

                       (i) One of the bailors shall be either father or mother

          or sister or brother or wife or the person who has sworn the

          affidavit in bail application.

                       (ii) Petitioner will co-operate in trial and will remain

          present on all dates and absence for two consecutive dates
           Patna High Court CR. MISC. No.88105 of 2025(2) dt.09-01-2026
                                                       4/4




                     without appropriate permission, would be a ground for

                     cancellation of bail by the learned Trial court itself.

                                  (iii) If the petitioner tampers with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to move

                     for cancellation of bail.


                                             (Alok Kumar Pandey, J)

amitkumar/-

U      T


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