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Patna High Court

Paritosh Mandal @ Pritosh Kumar @ PeritoshversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner with a cash bond, sureties, and a mandatory three‑month community‑service condition.

Summary

The petitioner, Paritosh Mandal, sought bail after fearing arrest in a theft case involving the crown of a Lord Hanuman idol, alleged under Sections 334(1), 303(2) and 317(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The FIR named unknown persons, and the petitioner’s name appeared only in a co‑accused’s confessional statement and a blurred CCTV image. The petitioner had no prior criminal record, while a co‑accused had already obtained anticipatory bail. The State opposed bail, but the Court considered the low value of the stolen article (under Rs 5,000) and the provision for community service under Section 303(2). The Court granted bail on a bond of Rs 10,000 with two sureties, subject to cooperation with the investigation and a three‑month community‑service order at the temple. The order was made under Section 438(2) of the CrPC and Section 482(2) of the BNSS.

Issues considered

  • Whether bail should be granted to the petitioner under Section 438 CrPC and Section 482 BNSS in view of the alleged theft offences.
  • Whether the petitioner’s identification from a blurred CCTV footage and a co‑accused’s statement suffices to deny bail.
  • Whether the provision of community service under Section 303(2) BNSS warrants bail with conditions.

Legislation cited

Subjects

  • anticipatory bail
  • bail
  • theft
  • community service
  • BNSS
  • CrPC
  • identification evidence

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12993 of 2026
                   Arising Out of PS. Case No.-127 Year-2024 Thana- Sahayak Khajanchi District- Purnia
                 ======================================================
                 Paritosh Mandal @ Pritosh Kumar @ Peritosh S/o Umesh Mandal Resident of
                 village - Lankatola, P.S.- Madhubani, Dist.- Purnea.        ... ... Petitioner/s
                                                    Versus
                 The State of Bihar.                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajit Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Parmanand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

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

                   for the State.

                   2.      The petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 334 (1), 303(2) and

                   317(2) of the B.N.S.

                   3.      The allegation against the petitioner is that he along with

                   other co-accused is said to have stolen the crown of the idol of

                   Lord Hanuman.

                   4.      It is submitted by learned counsel for the petitioner that

                   the F.I.R. has been lodged against unknown and the name of

                   the petitioner transpired on the confessional statement of co-

                   accused, Kishan Kumar and the allegation on him being

                   identified in the CCTV footage, is not clear rather blurred. It is

                   further submitted that co-accused, Md. Noor alias Md. Enul has

                   already been granted the privilege of anticipatory bail vide

                   order dated 23.04.2025 passed in Cr. Misc. No.1441 of 2025.

                   The petitioner has no criminal antecedent.
            Patna High Court CR. MISC. No.12993 of 2026(2) dt.25-02-2026
                                                        2/2




                      5.          Learned APP for the State opposed the prayer for bail.

                      6.        Taking into consideration the facts and circumstances of

                      the case and also considering the fact that Section 303 (2) also

                      provides for a punishment with regard to community service in

                      cases of theft where the value of stolen article is less than

                      Rs.5,000/-, let the above named petitioner, be released on bail,

                      in the event of his arrest or surrender before the learned Court

                      below within a period of four weeks from today, on furnishing

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

                      sureties of the like amount each to the satisfaction of the learned

                      Court below where the case is pending/successor Court in

                      connection with Sahayak Khajanchi P.S. Case No. 127 of 2024,

                      subject to the condition as laid down under Section 438 (2) of

                      the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha

                      Sanhita (BNSS), 2023, subject to further conditions that:

                      (i) The petitioner will cooperate in the investigation.

                      (ii) The petitioner would render community service at the

                      temple of Lord Hanuman at Anandpuri, Ward No.23, Purnia for

                      a period of three months, being present in the temple from

                      morning 6 am to evening 6 pm and would keep the temple clean

                      and also serve water to the devotees.

                                                (Soni Shrivastava, J)
Trivedi/-
U       T


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