Patna High Court
Monu @ Monu Kumar @ Monu ChandravanshiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners, finding insufficient material to justify continued detention.
Summary
The petitioners, Monu Kumar and Prakash Kumar, were arrested on 1 September 2025 in connection with FIR dated 16 April 2025 for alleged theft under Sections 305 and 331(4) of the B.N.S., 2023. They contended that they were not named in the FIR and were implicated solely on the basis of a confessional statement of a co‑accused, with no other material or TIP conducted. The State opposed bail, highlighting that petitioner 1 has five pending cases and petitioner 2 has seven, though they are already on bail in those matters. The court examined the lack of substantive evidence linking the petitioners to the offence and the principle of bail for offences not involving grave danger to society. Considering the circumstances, the court ordered bail on a bond of Rs 10,000 each with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents. The order directed that bail bonds not be delayed for verification purposes. Consequently, the petitioners were released on bail pending trial.
Issues considered
- Whether bail should be granted to the accused under Sections 305 and 331(4) of the B.N.S., 2023 given the lack of direct evidence.
- Whether the petitioners' prior criminal cases and alleged concealment of antecedents justify denial of bail.
Legislation cited
- B.N.S., 2023 — s. 305, 331(4)
Subjects
- bail
- theft
- confessional statement
- criminal antecedent
- Section 305
- Section 331(4)
- Bihar
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15308 of 2026
Arising Out of PS. Case No.-152 Year-2025 Thana- PARSABAZAR District- Patna
======================================================
1. Monu @ Monu Kumar @ Monu Chandravanshi S/o- Sujeet Prasad R/v-
PNB Bank, Mahatma Gandhi Nagar Ps- Agamkuan Dist- Patna
2. Prakash @ Prakash Kumar @ Prakash Lal S/o- Shambhu Manjhi Village-
Ambedkar Bhawan Kali Madir Road P.S.-Bahadurpur District- Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Narain Sinha, Advocate
Mrs. Khushi Awadh
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 11-03-2026 Heard Mr. Jitendra Narain Sinha, learned counsel for
the petitioners and Mr. Anil Kumar, learned APP for the State.
2. Petitioners seeks bail, who are in custody since
01.09.2025 in connection with Parsa (Parsha) Bazar P.S. Case
No. 152 of 2025, F.I.R. dated 16.04.2025 for the offences
punishable under Sections 305, 331(4) of the B.N.S., 2023.
3. As per prosecution case, petitioners and other
accused persons are alleged to have committed theft.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in the
present case. Learned counsel further submits that the petitioners
are not named in the FIR. Their names have transpired during
Patna High Court CR. MISC. No.15308 of 2026(2) dt.11-03-2026
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investigation on the basis of confessional statement of co-
accused person, namely, Shubham @ Raja @ Jhamu and except
confessional statement, no other material has come during
investigation to show the involvement of petitioners in the
present occurrence and petitioners have been remanded in this
case from Patrakar Nagar P.S. Case No. 107 of 2025. Till date no
TIP has been conducted. He further submits that Police after
investigation submitted chargesheet against the petitioners and
the petitioners are in custody since 01.09.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioners and submits that petitioner
no. 1 carries five cases and petitioner no. 2 carries seven cases
other than the present one but fairly submits on the basis of
paragraph 3 of the bail petition that the petitioners are on bail in
all the pending matters.
6. Considering the aforesaid facts and circumstances
of the case, let the petitioners, above named, be released on bail
on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each
with two sureties of the like amount each to the satisfaction of
the learned Judicial Magistrate, 1st Class, Patna in connection
with Parsa (Parsha) Bazar P.S. Case No. 152 of 2025, with the
following conditions:
Patna High Court CR. MISC. No.15308 of 2026(2) dt.11-03-2026
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i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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