Patna High Court
Sahil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to stringent conditions.
Summary
The petitioner, Sahil Kumar, was charged under Section 392 of the Indian Penal Code for a robbery allegedly involving the snatching of cash from a motorcycle at gunpoint. He contended that he was falsely implicated, noting that the FIR was initially lodged against unknown persons and no incriminating article was recovered from his possession. The petitioner, who has twelve prior criminal antecedents, had been in custody since April 2022 and sought bail. The State opposed the bail application, emphasizing the seriousness of the offense and the petitioner’s criminal history. The High Court, after considering the circumstances, granted bail on a cash bond of Rs. 10,000 with two sureties, imposing conditions such as personal appearance at each trial date, regular reporting to the Superintendent of Police, and provisions for bail cancellation upon violation. The order clarified that its observations would not affect the trial proceedings.
Issues considered
- Whether bail should be granted to an accused of robbery under Section 392 IPC despite a long criminal antecedent.
Legislation cited
- Indian Penal Code — s. 392
Subjects
- bail
- robbery
- Section 392 IPC
- criminal antecedent
- High Court
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91356 of 2025
Arising Out of PS. Case No.-280 Year-2021 Thana- SARAI District- Vaishali
======================================================
Sahil Kumar S/o Manoj Rai @ Manoj Kumar Resident of Village- Gurmiya,
P.O.- Dharhara, P.S.- Kartahan, District- Vaishali, Pin Code – 844117
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nafisu Zzoha, Adv.
Mr. Somesh Kumar, Adv.
For the Opposite Party/s : Mr.Suman Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner seeks bail in connection with Sarai
P.S. Case No. 280 of 2021 dated 01.11.2021 registered for the
offences punishable under Section 392 of the I.P.C.
3. As per the prosecution case, the informant has
alleged that he had kept certain cash in his motorcycle and it is
alleged that three persons on a motorcycle overtook him and on
the gun point, they snatched away the motorcycle and opened
the dickey and took away the cash.
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4. Learned counsel for the petitioner submits that the
petitioner has falsely implicated merely because he has long list
of criminal antecedent. It has further been submitted that the
F.I.R. was lodged against unknown persons and during the
course of investigation, the petitioner has been implicated in this
case and no such incriminating article has been recovered from
the conscious possession of the petitioner. It has lastly been
submitted that the petitioner has tweleve criminal antecedents
and he is in custody since 05.04.2022.
5. Learned A.P.P. has vehemently opposed the prayer
for bail of the petitioner.
6. Considering the facts and circumstances of the
case, the petitioner is directed to be released on bail on his
furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court below where the case is pending/successor court
in connection with Sarai P.S. Case No. 280 of 2021, subject to
the following terms and conditions :-
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
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and shall cooperate in the investigation.
(iii) In case of absence on two 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.
(iv) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
(v) In view of the antecedents of the petitioner, the
petitioner is directed to appear before the Superintendent of Police,
Vaishali at Hajipur within fifteen (15) days of his release with a
copy of this order and every two weeks thereafter for the next nine
months. The conduct of the petitioner will be kept under watch in
this period by the concerned Superintendent of Police and if it is
found wanting in any respect, a report shall be made to the Court
concerned by him to initiate a proceeding for cancellation of bail
of the petitioner for reasons of misuse of bail. After reporting to
the Superintendent of Police, a certificate will be filed by the
petitioner before the Court concerned.
7. It is made clear that the observations, if any, made
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in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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