Patna High Court
Uma Shankar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner subject to conditions.
Summary
The petitioner, Uma Shankar Kumar, was arrested in connection with a theft alleged under Section 303(2) of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.) after his brother's mobile phone, money and watch were stolen following a cremation. He contended that he was falsely implicated, that the self‑confession recorded by police had no evidentiary value, and that the stolen phone was recovered from another person, Mahendra Rai. The State opposed bail, highlighting the petitioner's nine prior criminal convictions and labeling him a habitual offender. The Court noted the lack of compliance with Section 103 of the B.N.S. and the length of the petitioner's custody since September 2025, and decided to grant bail subject to a bond of Rs.10,000 with two sureties and specific conditions. The bail order required the petitioner to appear at every trial date, not to leave the jurisdiction without permission, and allowed cancellation of bail for non‑appearance on two consecutive dates.
Issues considered
- Whether bail should be granted to a person accused under Section 303(2) of the B.N.S. despite having nine prior criminal antecedents
- Whether the lack of compliance with Section 103 of the B.N.S. affects the grant of bail
- Whether a self‑confession recorded by police, lacking evidentiary value, can justify continued detention
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103, 303(2)
Subjects
- bail
- criminal procedure
- Section 303(2) B.N.S.
- Section 103 B.N.S.
- self‑confession
- theft
- habitual offender
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2533 of 2026
Arising Out of PS. Case No.-302 Year-2024 Thana- NADI P.S. District- Patna
======================================================
Uma Shankar Kumar Son of Munarik Rai @ Munarik Ray Resident of
Village - Kripaltola, P.S. - Nadi, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Pradhan, Adv.
For the Opposite Party/s : Ms. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 22-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Nadi P.S. Case No. 302
of 2024 instituted for the offences punishable under Section
303(2) of the B.N.S.
3. The prosecution case, in short, is that, when he
went for bath after cremation of maternal grand father, his
brother’s mobile phone, money and watch was stolen.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Name of the petitioner has transpired on the basis
of his self confession made before the police which has no
evidentiary value. No incriminating material has been recovered
Patna High Court CR. MISC. No.2533 of 2026(2) dt.22-01-2026
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from the conscious possession of the petitioner and the stolen
mobile phone was recovered from the possession of one
Mahendra Rai. The petitioner is in custody since 08.09.2025 and
has got nine criminal antecedents. There is no compliance of
Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner pointing out nine
criminal antecedents of the petitioner and stating that he is a
habitual offender and does not deserve bail.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Nadi P.S. Case No.
302 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.2533 of 2026(2) dt.22-01-2026
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fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) The petitioner will not leave the territorial
jurisdiction of the Court below without its prior permission for
the same.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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