Patna High Court
Sachin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to both petitioners subject to the conditions specified under Section 480(3) of the Bharatiya Nyaya Sanhita.
Summary
The petitioners, Sachin Kumar and Siyaram Kumar, were arrested in connection with a dacoity alleged under Sections 310(2) and 311 of the Bharatiya Nyaya Sanhita, 2023, wherein a group of miscreants allegedly robbed an informant of cash, jewellery and a mobile phone. The petitioners contended that they were falsely implicated, noting that no identification parade had been conducted and that the mobile phone recovered from the first petitioner was purchased from a third party. The State opposed bail, asserting that the mobile phone was recovered from petitioner No. 1 and that petitioner No. 2 was apprehended at his instance. The court, after considering the length of custody since 17‑11‑2025, the filing of the charge‑sheet, and the lack of incriminating material, ordered that bail be granted to both petitioners on a bond of Rs. 10,000 each with two sureties, subject to conditions under Section 480(3) of the BNSS. The bail conditions included presence before the court, regular police station reporting, and cancellation on non‑compliance.
Issues considered
- Whether bail can be granted to accused of offences under Sections 310(2) and 311 of the Bharatiya Nyaya Sanhita, 2023.
- Whether the absence of an identification parade and the nature of the recovered mobile phone constitute grounds to deny bail.
- Whether the conditions prescribed under Section 480(3) of the BNSS are satisfied for granting bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 310(2), 311, 480(3)
Subjects
- bail
- dacoity
- Bharatiya Nyaya Sanhita
- Section 310
- Section 311
- Section 480
- identification parade
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91053 of 2025
Arising Out of PS. Case No.-436 Year-2025 Thana- KAUWAKOL District- Nawada
======================================================
1. Sachin Kumar S/O Raju Singh @ Raju Ram Resident Of Village- Bindichak,
P.S- Kawakole, District- Nawada.
2. Siyaram Kumar S/O Rambriksh Yadav Resident Of Village- Bindichak, P.S-
Kawakole, District- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Mr. Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
02. In the present case, the petitioners seek bail in
connection with Kawakole P.S. Case No. 436 of 2025 registered
for the alleged offences under Sections 310(2) and 311 of
Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, seven miscreants on three
motorcycles stopped the electric Auto of the informant and
demanded Rs. 50,000/-. When the informant shows his inability
to make the payment, they assaulted him with iron rod and lathi
and snatched a gold locket, mobile phone, silver bracelet and
cash of Rs. 5,000/- from the informant. They also took away the
Patna High Court CR. MISC. No.91053 of 2025(3) dt.24-02-2026
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batteries of electric Auto and the informant was thrown away
near a canal after being brutally assaulted. The name of the
petitioners transpired during investigation for being involved in
the alleged dacoity.
04. Learned counsel for the petitioners submits that
the petitioners are innocent and have been falsely implicated in
this case. No test identification parade has been held to ascertain
the identity of the petitioners. Recovery of looted mobile phone
has been shown from petitioner no. 1 but he has purchased it
from some person. In fact, nothing incriminating has been
recovered from person or possession of the petitioners. The
petitioner no. 1 is having antecedent of two case whereas
petitioner no. 2 has got clean antecedent. The petitioners are in
custody since 17.11.2025 and charge-sheet has been submitted.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner. Learned APP further submits
that recovery of looted mobile phone was made from petitioner
no. 1 and at his instance, petitioner no. 2 was apprehended.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioners along with submission of
charge-sheet, the petitioners above named are directed to be
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released on bail on furnishing bail bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate 1st Class,
Nawada/court concerned in connection with Kawakole P.S.
Case No. 436 of 2025, subject to the conditions mentioned in
Section 480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of
the petitioners.
(ii) The petitioners will remain present on each
and every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioners will be liable to be
cancelled by the court concerned.
(iv) The petitioner will appear and mark his
presence before the concerned police station once
every fortnight.
(Arun Kumar Jha, J)
Ashish/-
U T
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