Patna High Court
Sahil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Indian Penal Code — s. 392
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
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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
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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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