Patna High Court

Upendra Kumar @ Upendra Pandit @ RohitversusThe State of Bihar

Decided: 20 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The petitioner is entitled to regular bail in the case.

Summary

The petitioner, Upendra Kumar, a driver of a school vehicle, was implicated in a FIR alleging that unknown miscreants broke into an informant's house, assaulted the informant and his son with knives, and stole cash and mobiles. The FIR named the petitioner as one of the accused under sections 310(2) and 311 of the BNS, although the complainant asserted that the FIR was lodged against unknown persons and that only a purse and Aadhaar card were recovered from a vehicle belonging to the school, not from the petitioner. The petitioner, who has been in judicial custody since 20‑08‑2025, claimed innocence and argued that nothing was found in his possession, while the State highlighted his four prior criminal cases. After hearing both sides, the court considered the lack of direct evidence against the petitioner and his claim of being merely a driver, and despite his antecedents, decided to grant regular bail on a bond of Rs.10,000 with two sureties. The order directed his release in connection with the Islampur P.S. case No. 404 of 2025.

Issues considered

Whether the petitioner is entitled to regular bail despite the allegations under sections 310(2) and 311 of the BNS and his prior criminal antecedents.

Legislation cited

BNS — s. 310(2), 311

Subjects

regular bail
sections 310(2) and 311 BNS
criminal antecedent
theft
assault
Patna High Court
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9286 of 2026
                      Arising Out of PS. Case No.-404 Year-2025 Thana- ISLAMPUR District- Nalanda
                 ======================================================
                 Upendra Kumar @ Upendra Pandit @ Rohit S/o Kamdev Pandit @ Gorakh
                 Pandit R/o Village - Kohra, P.S - Tehta (Makhdumpur), District - Jehanabad

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amit Anand, Advocate
                 For the Opposite Party/s :       Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   20-02-2026                        Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 310(2)

                   and 311 of BNS.

                                3. The case of the prosecution is that 7-8 unknown

                   miscreants entered the house of the informant and they have

                   masked their face. They started tying the hands of the

                   informant. The informant objected then they started assaulting

                   the informant with knife. 2-3 amongst those miscreants started

                   looting the articles. It is alleged that they have assaulted the

                   son of the informant with knife. It is also alleged that one

                   Ashok Kumar was also being assaulted by knife. The
Patna High Court CR. MISC. No.9286 of 2026(2) dt.20-02-2026
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          miscreants altogether took away cash of Rs. 20,000/- and

          mobiles.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Learned

          counsel for the petitioner has submitted that the FIR was

          lodged against unknown miscreants. Learned counsel has

          further submitted that from a vehicle, the purse and aadhaar

          card of the informant were recovered. That vehicle belongs to

          a school and the petitioner is the driver of the said vehicle. He

          is not the owner of the vehicle. Nothing has been recovered

          from the possession of this petitioner. Moreover, he is

          languishing in judicial custody since 20.08.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail and has

          submitted that petitioner is having criminal antecedent of four

          cases.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court

          is inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be released on bail in connection with

          Islampur P.S. Case No. 404 of 2025 on furnishing bail bond of

          Rs.10,000/- (ten thousand) with two sureties of the like
            Patna High Court CR. MISC. No.9286 of 2026(2) dt.20-02-2026
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                      amount each to the satisfaction of learned A.C.J.M.-I, Hilsa,

                      Nalanda.



                                             (Ashok Kumar Pandey, J)
Shubham/-

U     T

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