Patna High Court
Amitlal Kharwar @ Amitlal Kharbar @ Anit Lal KharawarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioners with a bond of Rs.10,000 each, two sureties, and the condition of producing a demand draft of Rs.8,000 each payable to the informant.
Summary
The petitioners, five individuals from Rohtas district, were arrested in September 2025 for alleged theft in the informant's house under Section 305 of the BNS. They applied for bail, asserting innocence and willingness to compensate the informant for the loss. The court considered the petitioners' custody since 19‑09‑2025, the lack of recovery of stolen property, and their offer to make good the loss. Justice Sandeep Kumar granted bail, directing each petitioner to furnish a bail bond of Rs.10,000 with two sureties and to produce a demand draft of Rs.8,000 payable to the informant as a condition. The order was limited to bail and did not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused under Section 305 of the BNS given the circumstances of the case
- Whether imposing a condition of a demand draft to the informant is permissible in granting bail
Legislation cited
- Bihar Negotiable Instruments Act — s. 305
Subjects
- bail
- theft
- Section 305
- compensation
- sureties
- demand draft
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26023 of 2026
Arising Out of PS. Case No.-217 Year-2025 Thana- NEMDARGANJ District- Nawada
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1. Amitlal Kharwar @ Amitlal Kharbar @ Anit Lal Kharawar S/o Hurhur
Kharwar R/o Village - Akodhigola, P.S - Akodhigola, District - Rohtas
2. Sunil Kharwar @ Sunil Kharbar S/o Vijay Chaudhary R/o Village -
Kachhawa, P.S -Kachhawa, District - Rohtas
3. Dehati @ Gohathi Kumar @ Gohati S/o Nanhku Kharwar R/o Village -
Kachhawa, P.S -Kachhawa, District - Rohtas
4. College Gulguliya @ Collage Guliya S/o Sanjay Gulguliya R/o Village -
Kachhawa, P.S -Kachhawa, District - Rohtas
5. Nandu Kharwar @ Nandu Kharbar S/o Nanhku Kharwar R/o Village -
Kachhawa, P.S -Kachhawa, District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar, Advocate
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 20-04-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in connection with
Nemdarganj P.S. Case No. 217 of 2025 registered for the
offence under Section 305 of the BNS.
3. As per the prosecution case, the accused persons
are said to have committed theft in the house of the informant.
4. The petitioners are in custody since 19.09.2025.
5. It has been submitted by the learned counsel for
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the petitioners that the petitioners are innocent and without
accepting their guilt, they are ready to make good the loss
suffered by the informant. He further submits that there is no
recovery from the petitioners.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioners, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the concerned Court below in connection with Nemdarganj
P.S. Case No. 217 of 2025.
8. As a condition of this order, the petitioners, at the
time of furnishing their bail bonds, are directed to bring a
demand draft of Rs. 8000/- each in the name of the informant
and then only their bail bonds shall be accepted. The demand
draft of Rs. 8000/- each produced by the petitioners shall be
handed over to the informant. It is made clear that, the
petitioner/s, who will fail to bring the demand draft, will not be
entitled to be released on bail by the court below and
appropriate orders shall be passed with regard to him/them.
9. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
Patna High Court CR. MISC. No.26023 of 2026(2) dt.20-04-2026
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application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
tusharika/-
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