Created by Fuzzy Cloud

Patna High Court

Arun KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to specified conditions.

Summary

Arun Kumar sought anticipatory bail fearing arrest in a case (PS 1573 2025) registered under Sections 303(2), 317(2) read with 3(5) of the B.N.S. for alleged receipt of stolen ornaments. The informant claimed her ornaments were stolen by a mother‑daughter duo and sold, and the prosecution alleged that the petitioner purchased the stolen items. The petitioner argued that no ornaments were found in his possession and he has no prior criminal record. The State contended that the accused had confessed to selling the ornaments to the petitioner. Considering the lack of seized articles and the petitioner's clean record, the Court granted anticipatory bail with stringent conditions, including sureties, regular appearances before police and court, and prohibition on tampering with evidence.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Sections 303(2), 317(2) read with 3(5) of the B.N.S.
  • Whether the petitioner’s lack of criminal antecedent and non‑recovery of stolen articles justify bail

Legislation cited

  • B.N.S. — s. 303(2), 317(2), 3(5)

Subjects

  • anticipatory bail
  • theft
  • stolen ornaments
  • criminal antecedent
  • B.N.S.
  • Sections 303
  • Sections 317
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15335 of 2026
                  Arising Out of PS. Case No.-1573 Year-2025 Thana- PHULWARISHARIF District- Patna
                 ======================================================
                 Arun Kumar S/O Late Keshwar Saw R/O Village- Punpun, P.S.- Punpun,
                 Dist.- Patna

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Brij Bihari Tiwary, Advocate
                 For the Opposite Party/s :      Mr. Pronoti Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   12-03-2026                   Heard Mr. Brij Bihari Tiwary, learned counsel for the

                   petitioner and Mr. Pronoti Singh, learned APP for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Phulwari Sharif P.S. Case No. 1573 of 2025

                   registered for the offence under Sections 303(2), 317(2) read

                   with Section 3(5) of the B.N.S. lodged on 26.09.2025 by the

                   informant, Priyadarshini Sinha.

                                3. As per the prosecution story, the informant alleged

                   that her ornaments were missing and she suspected the domestic

                   help when the Emergency No. 112 was called, the domestic help

                   confessed that ornaments have been stolen by the mother-

                   daughter duo and sold to different shops. This led to the FIR.

                                4. Learned counsel for the petitioner submits that

                   though as per the allegation he has purchased the ornaments,
Patna High Court CR. MISC. No.15335 of 2026(2) dt.12-03-2026
                                            2/3




          nothing has been recovered from the conscious possession of

          the petitioner nor he has any criminal antecedent.

                        5. Learned APP opposes the prayer by submitting that

          the accused has confessed to sold the ornaments to this

          petitioner.

                        6. Taking into account the fact that he do not have

          criminal antecedent nor the stolen articles have been seized

          from his place, in that background, this Court is inclined to

          extend him the privilege of anticipatory bail.

                        7. Let the petitioner be released on bail in the event of

          arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) with two sureties of like amount each to the

          satisfaction of        learned C.J.M. Patna,         in connection with

          Phulwari Sharif P.S. Case No. 1573 of 2025, subject to the

          following conditions:-

                        (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document (Aadhar Card/Voter Id/Driving License/Pan Card) to

          show his/her bona fide;

                        (ii) the petitioner shall be appearing before the Police

          Station as and when required for cooperating in the
             Patna High Court CR. MISC. No.15335 of 2026(2) dt.12-03-2026
                                                         3/3




                       investigation;

                                    (iii) the petitioner shall appear on each and every date

                       before the Trial Court and failure to do so for two consecutive

                       dates without plausible reason will entail cancellation of his/her

                       bail bond by the Trial Court itself;

                                    (iv) the petitioner shall appear before the concerned

                       police station every month for next six months to mark his

                       attendance and at the end of the period a certificate be submitted

                       before the Trial Court failing which the State shall be at liberty

                       to take steps for cancellation of bail bonds;

                                    (v) the petitioner shall in no way try to induce or

                       promise or threat the witnesses or tamper with the evidences,

                       failing which the State shall be at liberty to take steps for

                       cancellation of the bail bonds;

                                    (vi) the petitioner shall desist from committing any

                       criminal offence again, failing which the State shall be at liberty

                       to take steps for cancellation of bail bonds.



                                                      (Rajiv Roy, J)
atul/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.