Patna High Court
Md. JummanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is allowed.
Summary
The petitioner, Md. Jumman, was arrested in connection with a case registered under Section(s) 331(4), 305, 307, 132 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging forced entry into an informant's house with intent to commit theft, breaking locks and causing property damage. He has been in custody since 3 November 2025 and claims innocence, asserting a clean antecedent. The petitioner applied for regular bail, represented by Mr. Vijay Kumar Srivastva, while the State opposed the relief through Mr. Abhay Kumar. The Court examined the nature of the allegations, the period of custody, and the petitioner’s clean record. Considering these factors, the Court allowed the bail application, directing release on a bail bond of Rs. 10,000 with two sureties and imposing conditions of monthly police station attendance and verification of antecedents. The order expressly stated that the observations were prima facie and not to influence the trial's merits.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences under the Bharatiya Nyaya Sanhita, 2023
- Whether the petitioner’s clean antecedent and period of custody justify the grant of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 132, 305, 307, 331(4), 3(5)
Subjects
- regular bail
- bail bond
- criminal procedure
- Bharatiya Nyaya Sanhita
- theft
- forced entry
- clean antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19949 of 2026
Arising Out of PS. Case No.-607 Year-2025 Thana- BHAGWAN BAZAR District- Saran
======================================================
Md. Jumman son of Md. Sajjad @ Md. Sahjabu Resident of Village- Rajendra
Nagar stadium gate no 3, P.S. -Bhagwan Bazar, Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar Srivastva
For the Opposite Party/s : Mr. Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Bhagwan Bazar P.S. Case No. 607 of 2025 registered for the
offence under Section(s) 331(4), 305, 307, 132 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. The allegation against the petitioner is that he,
along with co-accused Deepak Giri forcibly entered the house of
the informant with an intention to commit theft and was
involved in breaking locks and causing property damage.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 03.11.2025 and has clean
antecedent.
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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
of the case, the nature of the allegation and the period of
custody, 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 Court below where the case is
pending/successor Court in connection with Bhagwan Bazar
P.S. Case No. 607 of 2025 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Bhagwan Bazar Police
Station on the first Sunday of each month.
Any default in appearance at the Police
Station would result in cancellation of bail
bond of the petitioner.
(ii). At the time of accepting the
bail bonds of the petitioner, the Court below
shall verify the fact whether the petitioner
has clean antecedent or not. If it is found
that the petitioner has clean antecedent then
only his bail bonds shall be accepted by the
Court below. However, it is made clear that
the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed
for purpose of or in the name of verification.
(iii). Both the bailors will be a
close blood relatives of the petitioner.
8. It is made clear that any observation made herein is
Patna High Court CR. MISC. No.19949 of 2026(2) dt.01-04-2026
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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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