Patna High Court
Diwakar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
Checking your session…