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Patna High Court

Diwakar KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner with specified conditions.

Summary

Diwakar Kumar was charged under Sections 126(2), 115(2), 109(1) and 307 read with Section 3(5) of the B.N.S., 2023 for an alleged robbery and assault. The prosecution’s case relied on the statement of an apprehended co‑accused who named the petitioner, but no incriminating articles were recovered from the petitioner’s person or possession. The petitioner’s counsel argued that he was falsely implicated, had a clean antecedent, and had been in custody since 26‑11‑2025 with the chargesheet already filed. The State opposed the bail application. Considering the lack of physical evidence, the petitioner’s clean record, the duration of custody and the filing of the chargesheet, the court granted bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 480(3) of the B.N.S.S.

Issues considered

  • Whether bail should be granted to the petitioner under Section 480(3) of the B.N.S.S. in view of the co‑accused’s statement and absence of incriminating material.

Legislation cited

  • B.N.S., 2023 — s. 109(1), 115(2), 126(2), 307, 3(5), 480(3)

Subjects

  • bail
  • false implication
  • clean antecedent
  • co‑accused statement
  • Section 480(3)
  • B.N.S.
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9020 of 2026
                   Arising Out of PS. Case No.-426 Year-2025 Thana- BIHARIGANJ District- Madhepura
                 ======================================================
                 Diwakar Kumar S/o Ganga Prasad Mandal, R/o - Saraunika, P.S - Bihariganj,
                 District - Madhepura.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. (Dr.) Sanjay Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   17-02-2026                     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                   2. In the present case, the petitioner seeks bail in

                   connection with Bihariganj P.S. Case No. 426 of 2025 dated

                   30.09.2025, registered for the offences punishable under

                   Sections 126(2), 115(2), 109(1) and 307 read with Section 3(5)

                   of the B.N.S., 2023.

                                   3. As per the prosecution case, six persons stopped

                   the motorcycle of the informant and demanded him to hand over

                   the motorcycle, mobile phone and cash. When the informant and

                   his associate opposed, they were assaulted and the assailants

                   snatched their mobile phones. On commotion, the people of

                   nearby places started assembling and then the assailants started

                   fleeing away from the place of occurrence. One of them was
Patna High Court CR. MISC. No.9020 of 2026(2) dt.17-02-2026
                                            2/3




          apprehended and from his possession, a country-made katta, one

          live cartridge and one mobile phone was recovered. This

          apprehended co-accused disclosed the name of the petitioner

          along with others who were involved in the occurrence.

                          4. Learned counsel appearing on behalf of the

          petitioner submits that petitioner falsely been implicated in the

          present case. Nothing incriminating has been recovered from

          person or possession of the petitioner. The disclosure statement

          of the apprehended co-accused against the petitioner has no

          sanctity. Learned counsel next submits that petitioner is having

          clean antecedent and chargesheet has been submitted. Learned

          counsel lastly submits that petitioner is in custody since

          26.11.2025.

                          5. Learned A.P.P. appearing on behalf of the State

          opposes the submissions made on behalf of the petitioner.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          fact that petitioner was not apprehended from the spot and

          nothing incriminating was recovered from his person or

          possession and further considering his clean antecedent, his

          period of custody and submission of chargesheet, the petitioner,

          above-named, is directed to be released on bail, on furnishing
          Patna High Court CR. MISC. No.9020 of 2026(2) dt.17-02-2026
                                                      3/3




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

                    two sureties of the like amount each to the satisfaction of

                    learned Sub-Divisional Judicial Magistrate, Udakishunganj,

                    Madhepura / concerned Court, in connection with Bihariganj

                    P.S. Case No. 426 of 2025, subject to the condition laid down

                    under Section 480(3) of the B.N.S.S. and other following

                    conditions:

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

                    petitioner.

                                    (ii) The petitioner will remain present on each and

                    every date fixed by the court below, if so required by the learned

                    trial Court.

                                    (iii) In case of absence on three 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.



                                                                    (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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