Patna High Court

Bittu Kumar @ Bitu Kumar @ Bittu Kharwar @ Bitu KharbarversusThe State of Bihar

Decided: 1 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

Bail was granted to the petitioners subject to a Rs.10,000 bond, two sureties, and the production of a Rs.8,000 demand draft to the informant.

Summary

The petitioners, six accused persons, applied for bail in a theft case registered as Nemdarganj P.S. Case No. 217 of 2025 under Section 305 of the Bihar Negotiable Instruments Act. They have been in custody since 19 September 2025 and claim innocence, offering to compensate the informant for the loss. The court, after hearing counsel, allowed the bail application, directing each petitioner to furnish a bail bond of Rs.10,000 with two sureties and to produce a demand draft of Rs.8,000 payable to the informant as a condition for release. The order is limited to the bail application and does not prejudice the merits of the trial. The petitioners were thus ordered to be released on bail subject to the stipulated conditions.

Issues considered

Whether bail should be granted to the accused under Section 305 of the Bihar Negotiable Instruments Act in the present theft case.

Legislation cited

Bihar Negotiable Instruments Act (BNS) — s. 305

Subjects

bail
Section 305
Theft
Compensation
Demand draft condition
Criminal Procedure
High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19976 of 2026
                    Arising Out of PS. Case No.-217 Year-2025 Thana- NEMDARGANJ District- Nawada
                 ======================================================
           1.     Bittu Kumar @ Bitu Kumar @ Bittu Kharwar @ Bitu Kharbar S/O Mithlesh
                  Kharwar R/O Village- Nonadih, P.S- Tatari, Distt.- Bhojpur.
           2.    Kukua Kharwar S/O Anil Kharwar R/O Village- Varun, P.S- Varun, Distt.-
                 Aurangabad.
           3.    Kamlesh Kharwar @ Kamlesh Kharbar S/O Jhinkur Kharwar R/O Village-
                 Kachhawa, P.S- Kachhawa, Dist.- Rohtas.
           4.    Sunil Chaudhary @ Sunil Kharwar @ Sunil Chaudhy S/O Judagi Chaudhary
                 R/O Village- Beladih, P.S- Bela, Distt.-Gaya.
           5.    Gautam Kumar Kharwar @ Gautam Kharwar S/O Munna Kharwar R/O
                 Village- Akothi, P.S- Akothigola, Distt.- Rohtas.
           6.    Bajrangi Gulguliya @ Sunil Kharwar S/O Shibu Gulguliya R/O Village-
                 Phajilapur, P.S- Hulashganj, Distt.- Jehanabad.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sunil Kumar
                 For the Opposite Party/s :      Mr.Mritunjay Kumar Nirala
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   01-04-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                   2. The petitioners seek bail in connection with

                   Nemdarganj P.S. Case No. 217 of 2025 registered for the

                   offence under Sections 305 of the BNS.

                                   3. As per the prosecution case, the accused persons

                   are said to have committed theft in the house of the informant.

                                   4. The petitioners are in custody since 19.09.2025.
Patna High Court CR. MISC. No.19976 of 2026(2) dt.01-04-2026
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                          5. It has been submitted by the learned counsel for

          the petitioners that the petitioners are innocent and without

          accepting their guilt, they are ready to make good the loss

          suffered by the informant. He further submits that there is no

          recovery from the petitioners.

                          6. Considering the aforesaid facts, this application

          is allowed.

                          7. Let the petitioners, above named, be released on

          bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the concerned Court below in connection with Nemdarganj P.S.

          Case No. 217 of 2025.

                          8. As a condition of this order, the petitioners, at the

          time of furnishing their bail bonds, are directed to bring a

          demand draft of Rs. 8000/- each in the name of the informant

          and then only their bail bonds shall be accepted. The demand

          draft of Rs. 8000/- each produced by the petitioners shall be

          handed over to the informant. It is made clear that, the

          petitioner/s, who will fail to bring the demand draft, will not be

          entitled to be released on bail by the court below and

          appropriate orders shall be passed with regard to him/them.

                       9. It is, however, clarified that the observations made
          Patna High Court CR. MISC. No.19976 of 2026(2) dt.01-04-2026
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                    herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                                 (Sandeep Kumar, J)
Vikas/-

U

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