Created by Fuzzy Cloud

Patna High Court

Jaiki Kumar @ Jhappu @ Jacky KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner subject to stipulated conditions.

Summary

The petitioner, Jaiki Kumar, was arrested on 13 November 2025 for allegedly snatching a mobile and charged under Sections 304, 317(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He contended that he was innocent and sought regular bail, while the State opposed the relief. The court noted that the petitioner was caught red‑handed, had been in custody for several months, and also faced another criminal case (Danapur P.S. Case No. 231 of 2025). After hearing both sides, the judge allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to comply with specific conditions regarding attendance and cooperation. The order emphasized that the observations were prima facie and not a determination on the merits of the underlying criminal case.

Issues considered

  • Whether regular bail should be granted to a person charged under Sections 304, 317(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, who was caught red‑handed and has a prior criminal case.

Legislation cited

Subjects

  • regular bail
  • bail conditions
  • Bharatiya Nyaya Sanhita
  • theft
  • mobile snatching
  • prior criminal antecedent
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25059 of 2026
                       Arising Out of PS. Case No.-1174 Year-2025 Thana- DANAPUR District- Patna
                 ======================================================
                 Jaiki Kumar @ Jhappu @ Jacky Kumar Son of Rajesh Kumar Chaudhary @
                 Rajesh Kumar R/o- Village Bibi Ganj Tari Godown (Tadi Godam), Ward no-
                 18 P.s- Danapur Dist-Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ghanshyam Tiwary
                 For the Opposite Party/s :       Mr. Ajay Kumar Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-04-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Danapur P.S. Case No. 1174 of 2025 registered for the offence

                   under Section(s) 304, 317(2) and 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. As per the prosecution case, the petitioner was

                   caught red-handed while snatching a mobile.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 13.11.2025 and has one criminal

                   bearing Danapur P.S. Case No. 231 of 2025.

                                5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.25059 of 2026(2) dt.16-04-2026
                                            2/3




          opposed the prayer for bail.

                       6. Considering the aforesaid facts and circumstances,

          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 Danapur P.S. Case

          No. 1174 of 2025 subject to conditions that:-

                                              (i). The petitioner will mark his
                                  attendance at the Danapur Police Station on
                                  the every Sunday of each month. Any default
                                  in appearance at the Police Station would
                                  result in cancellation of bail bond of the
                                  petitioner.
                                             (ii) The petitioner shall appear in
                                  the trial regularly either personally or
                                  through his lawyer and shall cooperate in
                                  the trial and non-cooperation in the trial
                                  shall result in cancellation of the bail bond
                                  of the petitioner.
                                             (iii) Before accepting the bail
                                  bonds of the petitioner, the court below shall
                                  verify the petitioner’s criminal antecedents.
                                  If it is found that the petitioner has any
                                  criminal antecedents other than Danapur
                                  P.S. Case No. 231 of 2025, the bail bonds
                                  shall not be accepted. However, if the
                                  petitioner is found to have only one criminal
                                  antecedent, namely Danapur P.S. Case No.
                                  231 of 2025, the bail bonds shall be
            Patna High Court CR. MISC. No.25059 of 2026(2) dt.16-04-2026
                                                        3/3




                                              accepted by the court below.
                                   8. It is made clear that any observation made herein is

                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.