Binit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60677 of 2025 Arising Out of PS. Case No.-271 Year-2025 Thana- RAJGIR District- Nalanda ====================================================== Binit Kumar Son of Sidheshwar Tiwari R/o Village - Puri, P.O. - Pawapuri, P.S. - Giriyak, Dist. - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amarnath Singh, Advocate For the Opposite Party/s :
Mrs.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Rajgir P.S. Case No. 271 of 2025 registered for the alleged offences under Sections 310(2), 311 of B.N.S.
3. As per prosecution case, a robbery was committed in the Jain temple and its guard was brutally assaulted by the robbers. The name of the petitioner transpired during investigation for being involved in the said robbery.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case and there is no substantial material on record to show the complicity of the petitioner in the alleged occurrence. The
Patna High Court CR. MISC. No.60677 of 2025(2) dt.10-09-2025 2/3 petitioner has been named in this case by co-accused Parmit Tiwari in his confessional statement and the said co-accused has been granted bail by a Co-ordinate Bench vide order dated 09.09.2025 passed in Cr. Misc. No. 60190 of 2025. Another similarly placed co-accused Machhan Upadhyay has also been granted bail by another Co-ordinate Bench vide order dated 19.08.2025 passed in Cr. Misc. No. 56630 of 2025. The petitioner is having clean antecedent. The petitioner is in custody since 20.05.2025 and charge sheet has been submitted.
5. Learned APP opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that no recovery has been shown from the petitioner and further considering the grant of bail to the co-accused from whom recovery of looted articles have been made and also considering the grant of bail to another similarly placed coaccused, the period of custody of the petitioner, his clean antecedent and submission of charge sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial
Patna High Court CR. MISC. No.60677 of 2025(2) dt.10-09-2025 3/3 Magistrate, Nalanda at Biharsharif/concerned Court in connection with Rajgir P.S. Case No. 271 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions :
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below. (iii) In case of absence on three 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.
(Arun Kumar Jha, J) DKS/- U T