Patna High Court
Raj Kumar DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 305, 331(4), 3(5), 62
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
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and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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