Patna High Court
Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Bharatiya Nyaya Sanhita, 2023 — s. 305
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
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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
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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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