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Patna High Court

Sahil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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.
Patna High Court CR. MISC. No.91356 of 2025(3) dt.11-02-2026
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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
Patna High Court CR. MISC. No.91356 of 2025(3) dt.11-02-2026
                                            3/4




          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
           Patna High Court CR. MISC. No.91356 of 2025(3) dt.11-02-2026
                                                       4/4




                     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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