Patna High Court
Abhay KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
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
- Indian Penal Code — s. 34, 382
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
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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
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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
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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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