Patna High Court
Suraj Kumar Jha @ ChulbulversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- B.N.S., 2023 — s. 305, 331(4)
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/-
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