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Patna High Court

Raj Kumar DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The application for regular bail is allowed.

Summary

The petitioners, Raj Kumar Das and Ashish Kumar, were arrested on 14 September 2025 for alleged theft and charged under Sections 331(4), 305, 62 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. They applied for regular bail, claiming innocence and that the accusations were fabricated. The State opposed the bail application. The Court considered the nature of the offences, the length of custody, and the petitioners' claim of innocence. It allowed the bail application, directing each petitioner to furnish a bail bond of Rs.10,000 with two sureties of equal amount, and imposing conditions of monthly police attendance and sureties being close blood relatives. The order is limited to the bail matter and does not prejudice the trial.

Issues considered

  • Whether regular bail should be granted to the petitioners charged under Sections 331(4), 305, 62 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the conditions imposed for bail are appropriate given the nature of the alleged offences and period of custody.

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Section 331(4)
  • Section 305
  • Section 62
  • Section 3(5)
  • custody
  • bail conditions
  • Bhagalpur

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19815 of 2026
                  Arising Out of PS. Case No.-113 Year-2025 Thana- MOUZAHIDPUR District- Bhagalpur
                 ======================================================
           1.     Raj Kumar Das Son of Late Pappu Das @ Pappu Harijan Resident of
                  Mohalla - Sikandarpur, Harizan Tola, P.S.- Mojahidpur, Distt.- Bhagalpur
           2.    Ashish Kumar Son of Suraj Das Resident of Mohalla - Sikandarpur, Harizan
                 Tola, P.S.- Mojahidpur, Distt.- Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Paritosh Parimal, Advocate
                                                 Ms. Anita Kumar, Advocate
                 For the Opposite Party/s :      Mr. Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   31-03-2026                   Heard the learned counsel for the petitioners and

                   learned APP for the State.

                                 2. The petitioners seek regular bail in connection with

                   Mojahidpur @ Mouzahidpur P.S. Case No. 113 of 2025

                   registered for the offence under Sections 331(4), 305, 62, 3(5) of

                   the Bharatiya Nyaya Sanhita, 2023.

                                 3. As per the prosecution case, the petitioners were

                   caught while trying to commit theft.

                                 4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have committed no offence. The

                   accusations levelled against them are false and fabricated. The

                   petitioners are in custody since 14.09.2025.
Patna High Court CR. MISC. No.19815 of 2026(2) dt.31-03-2026
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                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail.

                       6. Considering the aforesaid facts and circumstances

          and the period of custody, this application for regular bail is

          allowed.

                       7. 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 concerned Court below, Bhagalpur in connection

          with Mojahidpur @ Mouzahidpur P.S. Case No. 113 of 2025

          subject to conditions that:-

                                               (i). The petitioners will mark his
                                  attendance at the Mojahidpur Police Station
                                  on every Sunday of each month. Any default
                                  in appearance at the Police Station would
                                  result in cancellation of bail bond of the
                                  petitioners.
                                               (ii). The bailors will be close
                                  blood relatives of the petitioners.



                       8. It is made clear that any observation made herein is

          prima facie in nature and limited solely for the purpose of

          adjudication of the present bail application. Such observations

          shall not be construed as an expression on the merits of the case
            Patna High Court CR. MISC. No.19815 of 2026(2) dt.31-03-2026
                                                        3/3




                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                     (Sandeep Kumar, J)
Shishir/-

U       T


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