Patna High Court
Arun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
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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
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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
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