Patna High Court
Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted bail to the petitioner, finding insufficient material to justify continued detention.
Summary
The petitioner, Niraj Kumar, was implicated in a theft case under Sections 303(2) and 334(1) of the Bharatiya Nyaya Sanhita after an informant alleged that the accused broke into his shop and stole Rs.15,000. The petitioner contended that he was not present at the scene, had no criminal record, and that the allegation was politically motivated, with no incriminating material recovered from his possession. The State opposed bail, arguing the seriousness of the offences. The court considered the petitioner’s young age, clean antecedent, lack of physical evidence, and the possibility of false implication, and applied Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. Consequently, the court ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions, should the petitioner be arrested or surrender within six weeks. The order reflects a balance between the presumption of innocence and the need to ensure trial attendance.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 303(2) and 334(1) of the Bharatiya Nyaya Sanhita.
- Whether the circumstances justify the exercise of the court’s inherent powers under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita to grant bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 303(2), 334(1)
Subjects
- bail
- theft
- criminal procedure
- presumption of innocence
- political victimisation
- Section 482 inherent powers
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2931 of 2026
Arising Out of PS. Case No.-153 Year-2025 Thana- KARAI PARSURAI District- Nalanda
======================================================
Niraj Kumar S/o Jhuman Ram R/o Village- Sandh, P.S.- Karai Parsurai,
District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bishwa Bijay Kumar, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
4 04-05-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 303(2) and 334(1) of the Bharatiya
Nyaya Sanhita.
3. As per the F.I.R., on 08.07.2025 at around 9:00
P.M., the informant closed his shop and went to his house. It is
alleged that at 12:30 A.M., informant heard the knocking sound
due to which, he woke up and saw that the accused persons
including the petitioner were in the shop of the informant by
breaking the lock. When informant started shouting, all the
accused persons fled away. Thereafter, informant went to his
shop and found that the accused persons have stolen the money
box containing Rs.15,000/-.
Patna High Court CR. MISC. No.2931 of 2026(4) dt.04-05-2026
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4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and has falsely
been implicated in the present case due to village politics.
Further submission is that petitioner was neither present on the
spot nor he has any concern with the other co-accused persons.
Nothing incriminating material has been recovered from the
conscious possession of the petitioner. He next submits that it is
doubtful that how the informant has seen the accused persons at
the time of breaking of the lock of his shop when he was
sleeping at the roof of the house. Petitioner is a young boy of 25
years having no criminal antecedent and he undertakes to
cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Having considered the facts and circumstances of
the case, submissions of learned counsel for the parties, young
age of the petitioner and his clean antecedent as well as the fact
that no incriminating material has been recovered from the
conscious possession of the petitioner, let the above named
petitioner be released on bail, in the event of arrest or surrender
before the learned court below within a period of six weeks
from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten
Patna High Court CR. MISC. No.2931 of 2026(4) dt.04-05-2026
3/3
Thousand) with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate-I,
Hilsa, Nalanda in connection with Karai Parsurai P.S. Case No.
153 of 2025, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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