Patna High Court
Bilendra Kumar @ Birendra Kumar @ Bilendra YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that bail must be granted to the petitioner as the circumstances mirror those of co‑accused who were released and there is insufficient direct evidence linking him to the offence.
Summary
The petitioner, Bilendra Kumar, sought bail in a case registered as Ranitalab P.S. Case No. 453 of 2024 for an alleged offence under Section 310(2) of the B.N.S. The prosecution alleged that the petitioner was part of a group of miscreants who robbed an informant returning from a marriage ceremony. The petitioner contended that he was falsely implicated, that the FIR named unknown miscreants, and that his name surfaced only through a co‑accused’s confessional statement, with no material recovered from him. The State opposed bail, citing three prior criminal cases against the petitioner. The Court, after considering the lack of direct evidence, the grant of bail to co‑accused Sunny Kumar and Ritesh Kumar in similar circumstances, and the petitioner’s custodial status since 4 November 2025, ordered that bail be granted on a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner in a case under Section 310(2) of the B.N.S. despite alleged criminal antecedents
- Whether the absence of direct evidence and the similarity to co‑accused who were granted bail warrant release on bail
Legislation cited
- B.N.S. — s. 310(2)
Subjects
- bail
- criminal procedure
- Section 310(2) B.N.S.
- antecedent cases
- investigation
- confessional statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90396 of 2025
Arising Out of PS. Case No.-453 Year-2024 Thana- RANIYATALAB District- Patna
======================================================
Bilendra Kumar @ Birendra Kumar @ Bilendra Yadav, S/O Butan Yadav @
Butan Prasad, Resident of Village- Budhu Chhapra, P.S.- Ranitalab, District-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satish Chandra, Advocate
For the Opposite Party/s : Mr.Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 16-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Ranitalab P.S. Case No. 453 of 2024 registered for the
offence punishable under Section 310(2) of the B.N.S.
3. The case of the prosecution, in short, is that while
the informant was returning from a marriage ceremony on his
car along with his companions, 5-6 unknown miscreants on two
bikes stopped his car near village Jitan Chhapra and looted
mobile phone and cash.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.90396 of 2025(2) dt.16-01-2026
2/3
case. The F.I.R. was lodged against unknown miscreants. The
name of this petitioner has surfaced during course of
investigation in the confessional statement of co-accused Sunny
Kumar who has already been granted by learned Co-ordinate
Bench of this Court. It has further been submitted that nothing
has been recovered from his possession. It has also been
submitted that from perusal of the F.I.R., it is clear that the
informant claims that he can identity the miscreants but no T.I.P.
has been conducted. It has also been submitted that similarly
situated co-accused, namely, Ritesh Kumar has been granted
bail by this Court vide Cr. Misc. No. 86279 of 2025. The case of
this petitioner stands on similar footing. He is languishing in
judicial custody since 04.11.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail and has submitted
that petitioner is having criminal antecedent of three cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Judicial
Patna High Court CR. MISC. No.90396 of 2025(2) dt.16-01-2026
3/3
Magistrate 1st Class, Danapur at Patna in connection with
Ranitalab P.S. Case No. 453 of 2024.
(Ashok Kumar Pandey, J)
lata/-
U T
Checking your session…