Patna High Court
Jaiki Kumar @ Jhappu @ Jacky KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 304, 317(2), 3(5)
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
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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
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