Patna High Court
Satyam KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The Court disposed of the bail application, directing a fresh bail application to be filed subject to a genuine compromise and prescribed bail bonds.
Summary
The petitioners, Satyam Kumar and Krishna Kumar, applied for regular bail in a case registered under Sections 331(4) and 305 of the Bharatiya Nyaya Sanhita, 2023, alleging theft from an informant's residence. The prosecution alleged that unknown persons broke into the informant's houses and stole valuables worth approximately Rs. 3,50,000. The petitioners contended that they were innocent and that the dispute had been amicably settled with the informant. The Court noted that any observation was prima facie and limited to the bail application, and it did not grant bail outright. Instead, the Court disposed of the application, directing the petitioners to file a fresh bail application in the lower court, contingent upon a genuine compromise and the furnishing of bail bonds of Rs. 10,000 each with two sureties.
Issues considered
- Whether regular bail can be granted in a case under Sections 331(4) and 305 of the Bharatiya Nyaya Sanhita, 2023 pending trial
- Whether a compromise between the accused and the informant can justify the grant of bail
- What conditions, if any, should be imposed on bail in the circumstances
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 305, 331(4)
Subjects
- regular bail
- compromise
- theft
- Bharatiya Nyaya Sanhita
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19932 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- PANDAUL District- Madhubani
======================================================
1. Satyam Kumar Son of Mahesh Jha @ Mehas Jha Resident of Village -
Udaypur Bithwar, P.S. - Pandaul, Distt. - Madhubani.
2. Krishna Kumar Son of Ram Bilash Ram Resident of Village - Udaypur
Bithwar, P.S. - Pandaul, Distt. - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailendra Kumar Jha
For the Opposite Party/s : Mr.Md. Mushtaque Alam
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard the learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek regular bail in connection with
Pandaul P.S. Case No. 02 of 2026 registered for the offence
under Sections 331(4) and 305 of the Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution case, unknown criminals
broke into the houses of informant namely Sitish Chandra Jha
and his cousin Ajit Kumar, stealing utensils, clothes, and
jewellery worth Rs. 1,50,000 from the informant’s house, and
cash of Rs. 2,00,000 from his cousin’s house.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have not committed any offence. It
is further submitted that both parties have amicably settled their
Patna High Court CR. MISC. No.19932 of 2026(2) dt.01-04-2026
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disputes, and the matter has been mutually compromised.
5. In these circumstances, the application is disposed
of with liberty to the petitioners to file a fresh bail application in
the Court below in view of the compromise. If the compromise
is found to be genuine and supported by informant, the
petitioners shall be released on bail upon furnishing bail bonds
of Rs. 10,000 (Rupees ten thousand) each with two sureties of
the like amount each to the satisfaction of the learned Court
below.
6. In the event the compromise is not genuine or is not
supported by the informant, the Court below shall pass an
appropriate order in accordance with law.
7. 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
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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