Patna High Court
Sandeep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties, and conditions prescribed under Section 480(3) of the BNSS.
Summary
The petitioner, Sandeep Kumar, was charged under Sections 305 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 for alleged theft from an informant's mill, with the FIR lodged three days after the incident. The prosecution alleged that the petitioner and three co‑accused stole articles and Rs.5,000 in cash, but no material was recovered from the petitioner and his confessional statement was deemed legally infirm. The petitioner contended that he was falsely implicated, the FIR was delayed without justification, and he had been granted bail in several other cases. The court noted the absence of any recovery, the delay in filing the FIR, the lack of legal sanctity of the confessional statement, and the fact that a charge‑sheet had already been filed after a prolonged custody since 26‑10‑2025. Accordingly, the court ordered the petitioner’s release on bail, requiring a bond of Rs.10,000 with two sureties and imposing conditions under Section 480(3) of the BNSS. The bail was granted subject to the petitioner’s presence at all court dates and cancellation of bond upon violation of conditions.
Issues considered
- Whether bail should be granted to the petitioner under Sections 305 r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023 considering the delay in FIR, lack of recovery, and the nature of the confessional statement.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 305, 3(5), 480(3)
Subjects
- bail
- criminal procedure
- theft
- Section 305
- Section 480
- Bharatiya Nyaya Sanhita
- delay in FIR
- confessional statement
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1454 of 2026
Arising Out of PS. Case No.-328 Year-2025 Thana- PIRO District- Bhojpur
======================================================
Sandeep Kumar S/o Kaushal Kishor R/o Village- Sanehi Tola, P.S.- Piro,
Dist.- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Murari, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Piro P.S. Case No. 328 of 2025 registered for
the alleged offences under Sections 305 r/w 3(5) of Bharatiya
Nyaya Sanhita, 2023.
03. As per prosecution case, petitioner and three other
co-accused persons committed theft in the mill of the informant
and took away a number of articles from the mill apart from Rs.
5,000/- in cash.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The FIR has been lodged after delay of three days without
any satisfactory explanation. The informant is not an eye
Patna High Court CR. MISC. No.1454 of 2026(2) dt.15-01-2026
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witness which is apparent from the FIR and named this
petitioner on saying of his cousin Manu Kumar. Nothing
incriminating has been recovered from the person or possession
of the petitioner. The confessional statement of the petitioner
has been extracted by the police which has got no legal sanctity.
The petitioner has been made accused in a number of cases and
is on bail in all such cases. The petitioner is in custody since
26.10.2025 and charge-sheet has been submitted.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that no recovery has been shown from the petitioner and
further considering the period of custody of the petitioner along
with submission of charge-sheet, the petitioner above named is
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Chief Judicial
Magistrate-VIII, Bhojpur at Ara/court concerned in connection
with Piro P.S. Case No. 328 of 2025, subject to the conditions
mentioned in Section 480(3) of BNSS and the following
conditions:
Patna High Court CR. MISC. No.1454 of 2026(2) dt.15-01-2026
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(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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