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Patna High Court

Suraj Kumar Jha @ ChulbulversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Suraj Kumar Jha, applied for regular bail in a theft case (Pandaul P.S. Case No.02 of 2026) where he was charged under Sections 331(4) and 305 of the B.N.S., 2023. The prosecution alleged that an unknown person broke into several rooms and stole valuables worth Rs.3,50,000, and the only link to the petitioner was a confessional statement of a co-accused, Krishna Kumar. The petitioner’s counsel argued that no incriminating material was found on him, he has a clean antecedent, and he has been in custody since 2 January 2026. The State opposed bail, citing the seriousness of the offences. The court, after considering the lack of direct evidence, the petitioner’s clean record, and the time already spent in custody, ordered that bail be granted on a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Chief Judicial Magistrate.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the allegations and reliance solely on a co-accused's confessional statement

Legislation cited

Subjects

  • regular bail
  • confessional statement
  • co-accused
  • clean antecedent
  • theft
  • Section 331(4)
  • Section 305
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11662 of 2026
                      Arising Out of PS. Case No.-2 Year-2026 Thana- PANDAUL District- Madhubani
                 ======================================================
                 Suraj Kumar Jha @ Chulbul Son of Late Mohan Jha Resident of village -
                 Udaypur, Bithuar, P.S.- Pandaul, District – Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ratnakar Jha, Advocate.
                 For the Opposite Party/s :       Mr. Shailendra Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   25-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Pandaul P.S. Case No.02 of 2026 for the offences registered under

                   Sections 331(4), 305 of the B.N.S., 2023.

                                3. As per the prosecution case, informant has alleged

                   that unknown person had broken lock of his four rooms and

                   committed theft of brass utensils, cloth and jewellery worth

                   Rs.1,50,000/-. It is further alleged that the lock of the house of

                   informant’s cousin was also broken and Rs.2,00,000/- was stolen.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in this case

                   only on the basis of confessional statement of the co-accused

                   Krishna Kumar. He further submits that no incriminating article
              Patna High Court CR. MISC. No.11662 of 2026(2) dt.25-02-2026
                                                          2/2




                        has been recovered from the conscious possession of the

                        petitioner. Learned counsel submits that the F.I.R. was lodged

                        against the unknown and except the confessional statement of the

                        co-accused, there is no material against the petitioner to link him

                        with the alleged offence. He further submits that petitioner has got

                        clean antecedent, he is in custody since 02.01.2026 and he

                        undertakes to co-operate in the investigation and trial.

                                     5. Learned counsel appearing on behalf of the State

                        opposes the prayer for grant of bail to the petitioner.

                                     6. Considering the submissions made on behalf of the

                        parties, facts and circumstances of the case, nature of allegation

                        against the petitioner and the fact that he has got clean antecedent

                        as well as the period of custody already undergone by him, let the

                        petitioner, named above, be enlarged on bail upon furnishing bail

                        bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of

                        the like amount each to the satisfaction of learned Chief Judicial

                        Magistrate, Madhubani/ concerned Court in connection with G.R.

                        No.09 of 2026 arising out of Pandaul P.S. Case No.02 of 2026.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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