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2026 Supreme(Online)(Pat) 4487

PATNA HIGH COURT
Rajesh Kumar Verma, J
Tinku Kumar @ Aatish Kumar – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.1957 of 2026



Advocates:
For the Appellants/Petitioners:Mr. Y.C. Verma, Sr. Advocate, Ms. Priyanka Singh, Advocate
For the Respondents: Mr. Rajendra Singh, APP

The court affirmed that the petitioner may be granted bail subject to conditions, underlining the importance of trial cooperation and verification of criminal history.

Headnote:This judgment addresses the petition for bail under Sections 303(2), 317(2), 316(2), 318(4) of the Bharatiya Nyay Sanhita, 2023. The petitioner claims innocence based on alleged false charges, while the prosecution cites criminal antecedents. The court grants bail on specific conditions, emphasizing cooperation with trial and verification of criminal history. The court orders the petitioner to furnish a bail bond of Rs. 10,000/-.

Table of Content
1. bail considerations involving accusations and history (Para 2 , 3 , 4 , 5)
2. conditions for bail set by the court (Para 6)

For the Petitioner/s : Mr. Y.C. Verma, Sr. Advocate : Ms. Priyanka Singh, Advocate For the Opposite Party/s : Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

2 20-01-2026 Heard Mr. Y.C. Verma, learned senior counsel for the petitioner as well as Mr. Rajendra Singh, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since

04.07.2025 in connection with Pandarak P.S. Case No. 119 of 2025, F.I.R. dated 03.07.2025 for the offences punishable under Sections 303(2), 317(2), 316(2), 318(4) of the Bharatiya Nyay Sanhita , 2023.

3. According to prosecution case, the informant alleged that the petitioner fraudulently withdrawn Rs. 20,000/-

from his account by exchanging ATM cards.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. The allegation levelled against the petitioner is false and fabricated. From bare perusal of the FIR it appears that the petitioner has been made accused merely on the basis of suspicion and some of the articles have been recovered from the possession of the petitioner and he has confessed his guilt in the present occurrence. He further submits that the police after investigation submitted the charge-sheet and the petitioner is in custody since 04.07.2025.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries seven criminal antecedents of similar nature other than the present one.

6. Considering the aforesaid facts and circumstances and period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Barh, Patna in connection with Pandarak P.S. Case No. 119 of 2025, subject to the following conditions:-

i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J)

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