Patna High Court
Kundan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court inclined to grant bail to the petitioner, subject to bond and verification of antecedents.
Summary
Kundan Kumar was arrested in connection with a mobile phone snatching alleged under Sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita, and earlier accused of bike theft. He applied for bail, claiming innocence, while the State opposed the relief. The Court examined the nature of the allegations and the fact that the petitioner had been in custody since 22 January 2026. Considering the circumstances, the Court decided to grant bail, subject to a cash bond of Rs.10,000 and two sureties of the same amount, and conditioned the release on verification of his criminal antecedents. The bail order was directed to be implemented by the lower court handling the case.
Issues considered
- Whether bail should be granted to the accused in a case under Sections 303(2) and 317(2) of the Bharatiya Nyaya Sanhita.
- Whether the duration of custody since 22 January 2026 precludes the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 303(2), 317(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 303
- Section 317
- theft
- snatching
- criminal antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24738 of 2026
Arising Out of PS. Case No.-69 Year-2026 Thana- BIHTA District- Patna
======================================================
Kundan Kumar Son of Suresh Singh Resident of Bihta High Bridge, ps-
Bihta, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitender Kumar
For the Opposite Party/s : Mr.Uday Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Bihta PS Case No. 69 of 2026 instituted for the offence
punishable under Sections 303 (2)/317 (2) of the Bharatiya
Nyaya Sanhita pending in the Court of learned ACJM II,
Danapur.
3. The petitioner is alleged to have snatched the
mobile phone of the informant. The FIR records that earlier
also the petitioner and co-accused Sudhir Kumar had stolen a
bike for which Bihta PS Case No 434 dated 06.05.2023 was
registered and they were part of the gang.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has committed no offence and is in
Patna High Court CR. MISC. No.24738 of 2026(2) dt.16-04-2026
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custody since 22.01.2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering that the allegation against the
petitioner is of snatching of mobile phone for which he is in
custody since 22.01.2026, this Court is inclined to grant bail to
the petitioner.
7. Let the petitioner 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 Court
below/concerned Court in connection with Bihta PS Case No.
69 of 2026.
8. However, the Court below will accept the bail
bond of the petitioner only after verification of the criminal
antecedent which he claims to be fair.
(Ansul, J)
M.E.H./-
U T
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