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Patna High Court

Amit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner subject to conditions.

Summary

The petitioner, Amit Kumar, applied for regular bail in a case registered under section 305 of the Bharatiya Nyaya Sanhita, 2023, alleging theft of a laptop and cash. The FIR named unknown accused, but the investigation linked the stolen laptop to the petitioner's shop after a confession by another accused, Md. Iftekhar Tabrez. The petitioner contended he was falsely implicated and had no prior criminal record, having been in custody since 27‑02‑2026. The State opposed bail, citing the recovery of the stolen laptop from the petitioner's possession. Considering the lack of antecedents, the circumstances of the investigation, and the petitioner's custody duration, the Court ordered bail on a bond of Rs.10,000 with two sureties, subject to cancellation if a criminal antecedent later emerges.

Issues considered

  • Whether the petitioner is entitled to regular bail under section 305 of the Bharatiya Nyaya Sanhita, 2023 despite the recovery of stolen property from his premises.

Legislation cited

Subjects

  • regular bail
  • theft
  • stolen property
  • section 305
  • Bharatiya Nyaya Sanhita
  • criminal antecedent
  • investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29166 of 2026
                     Arising Out of PS. Case No.-43 Year-2026 Thana- TATARPUR District- Bhagalpur
                 ======================================================
                 Amit Kumar Son of Jaikant Prasad Gupta Resident of village- Urdu Bazar,
                 Ps- Tatarpur, Dist- 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 PARTHA SARTHY
                                       ORAL ORDER

2   06-05-2026                  Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Tatarpur P.S. Case no.

                   43 of 2026 registered under section 305 of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. As per the prosecution case, the informant states

                   that he resides in a lodge. Unknown accused persons broke open

                   the lock of his room and stole his laptop along with the bag

                   containing Rs.5,000/-.

                                4. Learned counsel for the petitioner submits that the FIR

                   was registered against unknown. The petitioner was falsely

                   implicated in the case in course of investigation. Referring to the

                   order of the learned trial Court, it is submitted that one Md. Iftekhar
Patna High Court CR. MISC. No.29166 of 2026(2) dt.06-05-2026
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          @ Tabrez who was caught by the police is said to have confessed

          before the police of having given effect to the occurrence and of

          having sold the stolen laptop at the shop of the petitioner. On a raid

          being conducted, the laptop was recovered at the petitioner’s shop. It

          is submitted by learned counsel that the petitioner was not aware that

          the laptop was a stolen article. He is in custody since 27.2.2026 and

          has no criminal antecedent.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and

          taking into consideration the allegations in the FIR, the material

          that has transpired in course of investigation of the stolen

          article/laptop having been recovered from the petitioner’s

          possession together with the petitioner having remained in

          custody since 27.2.2026 and specially his not having any

          criminal antecedent, the Court directs the petitioner to be enlarged

          on bail in connection with Tatarpur P.S. Case no. 43 of 2026 on

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

          sureties of the like amount each to the satisfaction of the learned

          Judicial Magistrate 1st Class, Bhagalpur on the following

          condition:

                       (i) If it subsequently transpires that the petitioner has
           Patna High Court CR. MISC. No.29166 of 2026(2) dt.06-05-2026
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                     a criminal antecedent, the prosecution will be at liberty to move

                     this Court for cancellation of bail of the petitioner.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T


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