Patna High Court
Sunil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
Checking your session…