Bimlesh Kumar @ Bimlesh Yadav Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Bimlesh Kumar @ Bimlesh Yadav Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted: release after framing of charge (if not already framed) on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to conditions that one bailor be an own/close family member and that the petitioner appear on every trial date, with liberty to the Trial Court to cancel the bail bonds on default on two consecutive dates.

Issue for consideration

Whether the petitioner should be released on bail in connection with Khijar Sarai P.S. Case No. 180 of 2020, instituted for offences under Sections 392 & 412 of the Indian Penal Code. +1 more

Court's answer

The petitioner is to be released on bail after framing of charge (if not already framed), on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court in connection with Khijar Sarai P.S. Case No. 180 of 2020.

Ratio / Principle

Considering the facts and circumstances, the petitioner's period of custody, the claim based on parity and the charge-sheet having been submitted, this Court is inclined to grant bail to the petitioner.

Key takeaways

Bail is subject to conditions: (i) one of the bailors shall be an own/close member of the petitioner's family; and (ii) the petitioner shall appear on each and every date fixed at trial, and on default in appearance on two consecutive dates the Trial Court will have liberty to cancel the petitioner's bail bonds.ratio¶26

Detailed headnote1 paragraphs

Patna High Court (Rudra Prakash Mishra, J., 05-08-2025) grants regular bail to Bimlesh Kumar @ Bimlesh Yadav in Khijar Sarai P.S. Case No. 180 of 2020 (Sections 392 & 412 IPC), arising from an allegation that two unidentified motorcycle-borne persons snatched the informant's bag containing a new laptop, purse, PNB ATM Card and Voter ID Card. Factors weighed: custody since 28-09-2024; five disclosed criminal antecedents; petitioner not named in FIR, his name surfacing only through the confessional statement of co-accused Pappu Yadav; nothing recovered from him; no T.I. parade conducted; co-accused already granted bail (order dated 06-04-2023 in Cr. Misc. No. 56640 of 2022); charge-sheet submitted. Bail ordered after framing of charge, if not already framed, on a Rs. 10,000/- bond with two like sureties, conditioned on one bailor being an own/close family member and appearance on every trial date, with Trial Court liberty to cancel the bonds on default on two consecutive dates.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27727 of 2025

Arising Out of PS. Case No.-180 Year-2020 Thana- KHIJARSARAI District- Gaya

======================================================

Bimlesh Kumar @ Bimlesh Yadav Son of Late Mahesh Yadav @ Mahesh Singh R/o village - Balaura, P.S.- Banshi, District - Arwal

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Saket Anand, Advocate For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

4 05-08-2025

Heard learned counsel for the petitioner and learned APP

for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Khijar Sarai P.S. Case No. 180 of 2020 instituted for the offence under Sections 392 & 412 of the Indian Penal Code.

3. As per prosecution case, two unknown persons came on motorcycle and snatched the bag of the informant, in which his new laptop, purse, PNB ATM Card, Voter ID Card were kept and fled away.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 28-09-2024. Petitioner bears five criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.27727 of 2025(4) dt.05-08-2025 2/3

5. It has been further submitted by the petitioner’s counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused, namely, Pappu Yadav, and the same has no evidentiary value in the eye of law. Nothing has been recovered from the possession of the petitioner. Petitioner was not even put on T.I. Parade. Bail of other co-accused has been granted bail by this Court vide order dated 06-04-2023, passed in Cr. Misc. No. 56640 of 2022.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Charge sheet has already been submitted in this case.

7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, claim based on parity and charge-sheet being submitted, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail, after framing of charge, if not already framed , on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Khijar Sarai P.S.

Patna High Court CR. MISC. No.27727 of 2025(4) dt.05-08-2025 3/3

Case No. 180 of 2020, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J)

Raj Kishore/- U T