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Patna High Court

Baiju Kumar @ Rohit @ Rohit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court directed that the petitioners be released on bail subject to the conditions prescribed under Section 480(3) of the B.N.S.S.

Summary

The petitioners Baiju Kumar and Anil Kumar applied for bail in a theft case (PS Parsa Bazar Case No. 152 of 2025) under Sections 305(5) and 331(4) of the B.N.S., 2023. The prosecution alleged that the accused were involved in theft of several apartments, relying on a confessional statement of another accused, Rocky Dom. The petitioners contended that they were falsely implicated, no stolen articles were recovered from them, and they had been in custody for several months with chargesheets already filed. The State opposed bail, citing the seriousness of the offences. After considering the chargesheet, the period of custody, and the petitioners' claims of innocence, the Court ordered their release on bail with a bond of Rs.10,000 each, two sureties, and conditions under Section 480(3) of the B.N.S.S. and additional attendance requirements.

Issues considered

  • Whether bail should be granted to the accused in offences punishable under Sections 305(5) and 331(4) of the B.N.S., 2023.
  • Whether the length of custody and the existence of a chargesheet justify denial of bail.
  • Whether the confessional statement of another accused suffices to sustain the prosecution’s case for denial of bail.

Legislation cited

Subjects

  • bail
  • criminal miscellaneous petition
  • Theft
  • Section 305(5)
  • Section 331(4)
  • Section 480(3)
  • Patna High Court
  • false implication
  • confessional statement

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.191 of 2026
                     Arising Out of PS. Case No.-152 Year-2025 Thana- PARSABAZAR District- Patna
                 ======================================================
                 Baiju Kumar @ Rohit @ Rohit Kumar S/o Vijay Prasad @ Vijay Prasad
                 Prasad Resident of Near Nayachak Bridge, P.S.- Ram Krishna Nagar, District-
                 Patna
                                                                            ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                                                        with
                             CRIMINAL MISCELLANEOUS No. 2266 of 2026
                     Arising Out of PS. Case No.-152 Year-2025 Thana- PARSABAZAR District- Patna
                 ======================================================
                 Anil Kumar son of Late Ramashish Mahto @ Ramashish Mehta R/O Math
                 Laxmanpur Koieri Tola, P.S- Alamganj, District- Patna
                                                                              ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 191 of 2026)
                 For the Petitioner/s     : Mr. Pranav Kumar, Advocate
                                            Mr. Rajeev Ranjan No. II, Advocate
                                            Smt. Kumari Pushpa, Advocate
                 For the Opposite Party/s : Mr. Anil Kumar Singh No. 1
                 (In CRIMINAL MISCELLANEOUS No. 2266 of 2026)
                 For the Petitioner/s     : Mr. Dhirendra Prasad Sinha, Advocate
                 For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   26-02-2026                    Both the criminal miscellaneous petitions have arisen

                   out of the same police station case number, hence they are being

                   heard together and decided by a common order.

                                  2. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                  3. In the present case, the petitioners seek bail in

                   connection with Parsa Bazar P.S. Case No. 152 of 2025 dated
Patna High Court CR. MISC. No.191 of 2026(3) dt.26-02-2026
                                            2/3




          16.04.2025, registered for the offences punishable under Sections

          305(5) and 331(4) of the B.N.S., 2023.

                          4. As per the prosecution case, theft was committed

          in a number of apartment flats and the name of petitioners

          transpired in the case during investigation for being involved in

          the theft.

                          5. Learned counsel appearing on behalf of the

          petitioner submits that petitioners are innocent and they have

          falsely been implicated in the present case. One Rocky Dom was

          apprehended and on the basis of his confessional statement, the

          petitioners have been made accused in the present case apart from

          other case, i.e. Agamkuan P.S. Case No. 401 of 2025. The

          petitioner Baiju Kumar is the owner of jewelry shop situated at

          Nayachak, Patna and no stolen articles have been recovered either

          from the shop of the petitioner or from his conscious possession.

          Similarly, nothing incriminating has been recovered from the

          petitioner Anil Kumar. Learned counsel next submits that

          petitioner Baiju Kumar is having antecedent of three cases and

          petitioner Anil Kumar is having antecedent of one case. Learned

          counsel lastly submits that petitioner Baiju Kumar is in custody

          since 01.09.2025 and petitioner Anil Kumar is in custody since

          10.09.2025 and chargesheet has been submitted.

                          6. Learned A.P.P. appearing on behalf of the State

          opposes the submissions made on behalf of the petitioners.
          Patna High Court CR. MISC. No.191 of 2026(3) dt.26-02-2026
                                                      3/3




                                    7. Having regard to the facts and circumstances and

                    submissions made on behalf of the parties and considering the

                    submission of chargesheet and period of custody of the petitioners,

                    the petitioners, above-named, are directed to be released on bail,

                    on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand

                    Only) each with two sureties of the like amount each to the

                    satisfaction of learned Judicial Magistrate 1 st Class, Patna /

                    concerned Court, in connection with Parsa Bazar P.S. Case No.

                    152 of 2025, subject to the condition laid down under Section

                    480(3) of the B.N.S.S. and other following conditions:

                                    (i) One of the bailors will be a close relative of the

                    petitioners.

                                    (ii) The petitioners will remain present on each and

                    every date fixed by the court below, if so required by the learned

                    trial Court.

                                    (iii) In case of absence on three consecutive dates or

                    in violation of the terms of the bail, the bail bond of the petitioners

                    will be liable to be cancelled by the Court concerned.



                                                              (Arun Kumar Jha, J)

Shahnawaz/-
U     T


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