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Patna High Court

Sunil KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner with specified conditions.

Summary

The petitioner, Sunil Kumar, was arrested on 27 February 2026 for alleged theft under Sections 331(4), 305, 317(5) and 3(5) of the BNS Act. The prosecution alleged that he stole articles from the informant's house, but no stolen items were recovered from him; the recovery was made from a shop based on statements of other persons. The petitioner applied for bail, arguing the lack of direct recovery and his custody since February. The High Court, after hearing counsel, allowed the bail application, directing a bond of Rs.10,000 with two sureties and imposing attendance at the police station every Sunday. The Court also stipulated that any future involvement in theft would lead to automatic cancellation of the bail, while clarifying that the order does not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to the accused in a theft case under Sections 331(4), 305, 317(5) and 3(5) of the BNS Act given the circumstances of non‑recovery of stolen articles from the accused.

Legislation cited

  • BNS Act — s. 305, 317(5), 331(4), 3(5)

Subjects

  • bail
  • theft
  • BNS Act
  • criminal procedure
  • conditions of bail
  • Indian criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27526 of 2026
                    Arising Out of PS. Case No.-113 Year-2026 Thana- AURANGABAD TOWN District-
                                                       Aurangabad
                 ======================================================
                 Sunil Kumar S/o Late Parasnath Sonar R/o Village - Vihiyan, Raja Bazar,
                 Ward No. 6, P.S - Vihiyan, District - Bhojpur
                                                                          ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Mukul Kumari
                 For the Opposite Party/s :     Mr.Sanjay Kumar Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   28-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in connection with

                   Aurangabad Town P.S. Case No. 113 of 2026 / G.R. No. 436 of

                   2026 registered for the offence under Sections 331(4), 305 of

                   the BNS Act and later Sections 317(5), 3(5) of the BNS was

                   also added.

                                   3. As per the prosecution case, the petitioner is

                   accused of committing theft in the house of the informant.

                                   4. The petitioner is in custody since 27.02.2026

                   and the learned counsel for the petitioner submits that there is

                   no recovery from the petitioner of alleged stolen articles and the

                   recovery is from the shop of Dev Verma on the statement of one

                   Suvir Porail and Ramu Kumar.

                                   5. Considering the aforesaid facts, this application

                   is allowed.

                                   6. Let the petitioner, above named, be released on
          Patna High Court CR. MISC. No.27526 of 2026(2) dt.28-04-2026
                                                      2/2




                    bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

                    with two sureties of the like amount each to the satisfaction of

                    the learned concerned Court below in connection with

                    Aurangabad Town P.S. Case No. 113 of 2026 / G.R. No. 436 of

                    2026.

                                 7. As a condition of this order, the petitioner after

                    being released on bail is directed to mark his attendance at

                    Vihiyan Police Station on every Sunday of each month. Any

                    default in appearance at the police station will result in

                    cancellation of bail bonds of the petitioner.

                                 8. It is made clear that, in future, if the petitioner is

                    found to be involved in any case of theft, his bail bonds shall

                    automatically be cancelled by the Court below.

                                 9. It is, however, clarified that the observations made

                    herein are limited to the adjudication of the present bail

                    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)
Vikas/-

U


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