Patna High Court
Raj Kumar Jaiswal @ Dharmendra RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner with specified conditions.
Summary
The petitioner, Raj Kumar Jaiswal, was arrested in connection with a theft case registered as Kadamkuan P.S. Case No. 759/2025, alleged to have committed offences under Sections 331(4) and 305 of the B.N.S. He applied for regular bail, claiming innocence and asserting that he had been falsely implicated, while acknowledging three prior criminal antecedents and his custody since 7 December 2025. The State, represented by an Additional Public Prosecutor, opposed the bail on the ground of the seriousness of the offences and the petitioner’s antecedents. The Court examined the facts, the nature of the offences, and the petitioner’s undertaking to cooperate with the investigation. Considering the circumstances, the Court allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of equal amount. The bail was conditioned on the petitioner’s attendance at Bakhtiyarpur Police Station every Sunday, with non‑compliance leading to cancellation of the bail.
Issues considered
- Whether the petitioner is entitled to regular bail for offences under Sections 331(4) and 305 of the B.N.S. despite prior criminal antecedents and custodial detention.
Legislation cited
- B.N.S. — s. 305, 331(4)
Subjects
- bail
- regular bail
- theft
- Section 331(4)
- Section 305
- criminal antecedents
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17448 of 2026
Arising Out of PS. Case No.-759 Year-2025 Thana- KADAMKUAN District- Patna
======================================================
Raj Kumar Jaiswal @ Dharmendra Ram S/o Bhutan Jaiswal R/o Village- Haja
Tola, Simari, Ghoswari, Police Station- Bakhtiyarpur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Anjana, Advocate
For the Opposite Party/s : Ms.Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 19-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Kadamkuan P.S. Case No. 759/2025 registered for the offences
punishable under Sections 331(4) and 305 of B.N.S.
3. As per the prosecution case, petitioner is accused of
committing theft.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that petitioner has
three criminal antecedents and he is in custody since
07.12.2025. The petitioner undertakes to co-operate in the case/
trial.
5. Learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.17448 of 2026(3) dt.19-03-2026
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for regular bail of the petitioner.
6. Considering the facts and circumstances of the
case, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, 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 the learned Judicial Magistrate,1st Class XIV,
Patna /concerned Court below in connection with Kadamkuan
P.S. Case No. 759 of 2025.
8. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Bakhtiyarpur Police Station, District- Patna on every Sunday of
the month. Any default in appearance at the Police Station will
result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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