Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court denied regular bail to the petitioner, allowing a fresh application only after the charge is framed.
Summary
Sunil Kumar petitioned the Patna High Court for regular bail in a theft case (Case No. 534 of 2025) involving alleged theft of gold and silver ornaments, charged under Sections 331(4), 305(a) and 317(2) of the Bharatiya Nyaya Sanhita, 2023. The FIR named four unknown persons, but the petitioner’s name appeared only through confessional statements of co‑accused, and he claims he was merely the owner and driver of a rented safari vehicle, unaware of any stolen articles. The State opposed bail, noting that the Sessions Court had already rejected the bail application and that the stolen gold was recovered in melted form from a co‑accused’s shop based on those confessions. The court examined the material, considered the seriousness of the offences and the reliance on confessional statements, and concluded that bail could not be granted at this stage. The petition for regular bail was therefore rejected, with liberty to re‑apply after the charge is framed.
Issues considered
- Whether the petitioner is entitled to regular bail pending trial for offences under Sections 331(4), 305(a) and 317(2) of the Bharatiya Nyaya Sanhita, 2023.
- Whether confessional statements of co‑accused are sufficient grounds to deny bail to the petitioner.
- Whether the nature of the alleged theft and recovery of stolen property justify continued pre‑trial detention.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 305(a), 317(2), 331(4)
Subjects
- regular bail
- confessional statement
- theft
- gold and silver ornaments
- Bharatiya Nyaya Sanhita
- pre‑trial detention
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20932 of 2026
Arising Out of PS. Case No.-534 Year-2025 Thana- LAHERIMUHALLA District- Nalanda
======================================================
Sunil Kumar Son of Prakash Choudhary @ Jay Prakash Choudhary Resident
of village - Govindpur (Fatuha) Maharani Chowk, P.S.- Fatuha, District -
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Mishra, Adv.
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 13-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Laheri P.S. Case No. 534 of 2025 lodged on 25.11.2025, for the
offence punishable under Sections 331(4), 305(a) & 317(2) of
the Bharatiya Nyaya Sanhita, 2023, pending in the court of
C.J.M., Biharsharif, Nalanda.
3. As per the prosecution, FIR has been lodged against
4 unknown accused persons. It has been alleged that four
unknown persons came to the informant’s house, committed
theft, and took away gold and silver ornaments. However, they
were seen in the CCTV footage.
Patna High Court CR. MISC. No.20932 of 2026(3) dt.13-05-2026
2/3
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Counsel
submits that in the FIR, recovery has alleged to be made from
the possession of different accused persons and not from the
petitioner’s possession. He submits that name of petitioner has
come in this case only on the basis of a confessional statement
of the accused persons. The defence has been taken by the
petitioner is that he is the owner of safari vehicle and he used
the said vehicle as driver also. He also submits that the
petitioner has given his vehicle on rent and he was completely
unaware about the recovered articles. He further submits that the
petitioner is in custody since 01.12.2025, having clean
antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the Sessions Court has
rejected the bail application of the petitioner after perusal of the
case diary in which, it has come that on the confessional
statement of the accused persons including the petitioner, the
police recovered the stolen gold in a melted form from the shop
of one of the co-accused.
6. At this juncture, this Court is not inclined to grant
bail to the petitioner. Accordingly, the prayer for regular bail of
Patna High Court CR. MISC. No.20932 of 2026(3) dt.13-05-2026
3/3
the petitioner is hereby rejected with liberty that he may renew
his prayer for bail after framing of charge.
(Dr. Anshuman, J)
Divyansh/-
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