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Patna High Court

Jayhind Kumar @ Ravi KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that, in view of the petitioner’s clean antecedent and the absence of material evidence linking him to the theft, bail should be granted subject to conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Jayhind Kumar, was implicated in a theft case (P.S. Case No. 337 of 2025) involving loss of ornaments worth Rs. 15 lakh and cash of Rs. 11.5 lakh. The prosecution’s case relied on confessional statements of co‑accused who are hostile to the petitioner, with no material recovered from him. The petitioner’s counsel argued that he is innocent, has a clean antecedent, and that the allegations are false. The State opposed the bail application, contending the seriousness of the offences under Sections 331(4) and 305 of the Bharatiya Nyaya Sanhita, 2023. Considering the lack of incriminating evidence, the petitioner’s clean record, and the possibility of false accusation, the Court ordered bail on a bond of Rs. 10,000 with two sureties and specific conditions, invoking Section 482(2) of the BNSS. The bail order is subject to the petitioner’s appearance before the trial court as required.

Issues considered

  • Whether bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 despite the seriousness of the alleged offences.
  • Whether the confessional statements of co‑accused, who are hostile to the petitioner, constitute sufficient material to deny bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • theft
  • false implication
  • clean antecedent
  • Section 331
  • Section 305
  • Section 482
  • Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28185 of 2026
                     Arising Out of PS. Case No.-337 Year-2025 Thana- PIRPAINTI District- Bhagalpur
                 ======================================================
                 Jayhind Kumar @ Ravi Kumar S/o Ram Vilash Sah R/o Village - Shermari
                 Naya Tola, P.S - Pirpainti, District - Bhagalpur

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajive Ranjan Singh, Advocate
                 For the Opposite Party/s :       Mr. Nirmal Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   04-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                02. In the present case, the petitioner is apprehending

                   his arrest in connection with Pirpainti P.S. Case No. 337 of 2025

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

                   Bharatiya Nyaya Sanhita, 2023.

                                03. As per prosecution case, while the informant had

                   been away from her home for some religious ritual, unknown

                   thieves after breaking the lock of his house, took away

                   ornaments worth Rs. 15 lakh and cash to the tune of Rs.

                   11,50,000/- from his house. The name of the petitioner

                   transpired during investigation for being involved in the theft.

                                04. Learned counsel for the petitioner submits that

                   petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.28185 of 2026(2) dt.04-05-2026
                                            2/3




          case. The petitioner was named in this case on the basis of

          confessional statements of co-accused persons but they are on

          inimical terms with the petitioner. Except for suspicion, there is

          no material against the petitioner. Learned counsel further

          submits that nothing incriminating has been recovered from

          person or possession of the petitioner. The petitioner is having

          clean antecedent.

                       05. Learned APP for the State opposes the submission

          made on behalf of the petitioner.

                       06. Having regard to the facts and circumstances and

          submission made on behalf of the parties and considering the

          clean antecedent of the petitioner and the possibility of false

          accusation, let the petitioner above named, in the event of his

          arrest or surrender before the court concerned within a period of

          eight weeks from today, be released on bail, on furnishing bail

          bond of Rs. 10,000/- (Rupees Ten Thousand Only) with two

          sureties of the like amount each to the satisfaction of learned

          Chief Judicial Magistrate, Bhagalpur/court concerned in

          connection with Pirpainti P.S. Case No. 337 of 2025, subject to

          the condition laid down under Section 482(2) of BNSS and

          other following conditions:

                             (i) One of the bailors will be a close relative of
           Patna High Court CR. MISC. No.28185 of 2026(2) dt.04-05-2026
                                                       3/3




                                        the petitioner.

                                        (ii) The petitioner will remain present on each

                                        and every date fixed by the court below, if so

                                        required by the learned trial court.



                                                       (Arun Kumar Jha, J)
Ashish/-

U      T


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