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Patna High Court

Sahil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to specified conditions.

Summary

The petitioner, Sahil Kumar, was arrested in connection with a robbery case (Section 392 IPC) where cash was allegedly snatched from an informant. He applied for bail, arguing that he was falsely implicated and that a co-accused had already been granted bail. The State opposed the bail on the ground of the petitioner's extensive criminal antecedents. The Court considered the facts, the seriousness of the offence, and the petitioner's history, and decided to grant bail subject to strict conditions including a cash bond, sureties, regular court appearances, and periodic reporting to the Superintendent of Police. The order also empowered the trial court to cancel bail if the petitioner violated any condition or concealed further antecedents. Consequently, the bail application was allowed with the stipulated terms.

Issues considered

  • Whether bail should be granted to an accused of robbery under Section 392 IPC despite a long criminal antecedent
  • Whether the presence of a co-accused already on bail influences the grant of bail to the petitioner

Legislation cited

Subjects

  • bail
  • robbery
  • Section 392 IPC
  • criminal antecedent
  • high court
  • surety
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91393 of 2025
                       Arising Out of PS. Case No.-11 Year-2022 Thana- LALGANJ District- Vaishali
                 ======================================================
                 Sahil Kumar S/o Manoj Rai Resident of Village- Gurmiya, P.O.- Dharhara,
                 P.S.- Kartahan, District- Vaishali, Pin Code- 844117

                                                                                    ... ... Petitioner/s

                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Nafisu Zzoha, Adv.
                                                  Mr. Somesh Kumar, Adv.
                 For the Opposite Party/s :       Mr.Mukesh Kumar Singh, Adv.

                 ======================================================
                 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 Lalganj

                   P.S. Case No. 11 of 2022 dated 07.01.2022 registered for the

                   offences punishable under Section 392 of the I.P.C.

                                 3. As per the prosecution case, the informant was

                   coming on a motorcycle along with cash of Rs. 45,000/- which

                   is said to have been snatched away by miscreants.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner has falsely implicated merely because he has long list
Patna High Court CR. MISC. No.91393 of 2025(3) dt.11-02-2026
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          of criminal antecedent. It has further been submitted that no

          recovery has been made from the conscious possession of the

          petitioner and the co-accused, Abhimanyu Kumar in whose

          confessional statement, the name of the petitioner has surfaced,

          has already been granted bail by a Coordinate Bench of this

          Court and the order has been annexed by way of Annexure P/2.

          It has lastly been submitted that the petitioner has twelve

          criminal antecedents and he is in custody since 11.11.2022.

                        5. Learned A.P.P. has vehemently opposed the prayer

          for bail of the petitioner and submitted that the petitioner has

          long list of criminal antecedent.

                        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 Lalganj P.S. Case No. 11 of 2022, 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.91393 of 2025(3) dt.11-02-2026
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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
           Patna High Court CR. MISC. No.91393 of 2025(3) dt.11-02-2026
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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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