Patna High Court
Akash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties and a condition of monthly police‑station attendance.
Summary
Akash Kumar was arrested in connection with a theft alleged to have occurred in the dwelling house of an informant, and was charged under Sections 331(4), 305(a) and later Section 317(i) of the Bihar Negotiable Instruments Act. He had been in custody since 9 December 2025 and claimed that he was falsely implicated and that no stolen articles had been recovered from him. The petitioner’s counsel argued that he was innocent and sought bail. The Patna High Court, after hearing the parties, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount and to appear at the police station every Sunday. The court clarified that its order was limited to the bail matter and did not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused in a case involving theft under Sections 331(4), 305(a) and 317(i) of the Bihar Negotiable Instruments Act.
Legislation cited
- Bihar Negotiable Instruments Act — s. 305(a), 317(i), 331(4)
Subjects
- bail
- theft
- criminal procedure
- Bihar Negotiable Instruments Act
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20041 of 2026
Arising Out of PS. Case No.-253 Year-2025 Thana- MOHIUDDIN NAGAR District-
Samastipur
======================================================
Akash Kumar S/o- Shiv Chandra Das R/v- Mohamadpur (Paswan Chauk
W.No-9) Ps- Mohiuddinnagar Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bindeswari Singh
For the Opposite Party/s : Mr.Madan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Mohiuddinnagar P.S. Case No. 253 of 2025 registered for the
offence under Sections 331(4), 305(a) of the BNS and later on
Section 317(i) of the BNS was also added.
3. As per the prosecution case, the petitioner is
said to have committed theft in the dwelling house of the
informant.
4. The petitioner is in custody since 9.12.2025.
5. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. He further submits that there is no
Patna High Court CR. MISC. No.20041 of 2026(2) dt.01-04-2026
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recovery of the stolen articles from the petitioner.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, 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 learned concerned Court below in connection with
Mohiuudinnagar P.S. Case No. 253 of 2025.
8. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Mohiuudinnagar Police Station on every Sunday of each month.
Any default in appearance at the police station will result in
cancellation of bail bonds of the petitioner.
9. It is, however, clarified that the observations
made 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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