Patna High Court
Jayhind Kumar @ Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 305, 331(4), 482(2)
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
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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
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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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