Patna High Court
Paritosh Mandal @ Pritosh Kumar @ PeritoshversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Bharatiya Nagarik Suraksha Sanhita — s. 303(2), 317(2), 334(1), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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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