Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail is granted to the petitioner subject to the conditions prescribed under Section 480(3) of the BNSS.
Summary
The petitioner, Abhishek Kumar, was arrested in connection with a theft of ornaments worth Rs. 7.2 lakh and cash of Rs. 17,200 from an informant's house, alleged under Sections 331(4), 305, 317(2), 317(5) r/w 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution presented no incriminating material from the petitioner except a knife of unspecified dimensions, and the petitioner had been in custody since 20 March 2026. The petitioner pleaded innocence and sought bail, arguing lack of evidence and that he had no role in the offence. The court examined the bail provisions under Section 480(3) of the BNSS, the nature of the alleged offences, and the absence of recovered stolen articles from the petitioner. Considering the circumstances, the court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions including presence at court dates and verification of any recovered stolen items.
Issues considered
- Whether bail should be granted to the accused under Section 480(3) of the Bharatiya Nyaya Sanhita in a theft case where no material evidence has been recovered from him.
- Whether the presence of a knife in the accused's possession, without measurement details, constitutes sufficient ground to deny bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 305, 317(2), 317(5) r/w 3(5), 331(4), 480(3)
Subjects
- bail
- theft
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 480
- Section 331
- Section 305
- Section 317
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32425 of 2026
Arising Out of PS. Case No.-136 Year-2026 Thana- BIDUPUR District- Vaishali
======================================================
Abhishek Kumar Son of Bhola Bhagat @ Bhola Paswan Resident of Village-
Pakauli, P.S.- Bidupur, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Bela Singh, Advocate
For the Opposite Party/s : Mr. Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 12-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Bidupur P.S. Case No. 136 of 2026 registered
for the alleged offences under Sections 331(4), 305, 317(2),
317(5) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, a theft was committed in
the house of the informant and thieves took away the ornaments
worth Rs. 7,20,000/- and cash to the tune of Rs. 17,200/- from
the house of the informant. The name of the petitioner transpired
during investigation for being involved in commission of theft
in the house of the informant.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
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case. The petitioner has no concern with the alleged offence.
Though nothing incriminating has been recovered from the
possession of the petitioner, the police has shown recovery of a
knife from the possession of the petitioner but the measurement
of the knife was not mentioned. Learned counsel further submits
that the petitioner is having antecedent of one case and is in
custody since 20.03.2026.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner and no recovery has been
shown from him, the petitioner above named is directed to be
released on bail on furnishing bail bonds of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate-III,
Vaishali at Hajipur in connection with Bidupur P.S. Case No.
136 of 2026, subject to the conditions mentioned in Section
480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
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every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
However, before accepting the bail bond of the
petitioner, the learned trial court would verify whether recovery
of any stolen article has been made from the petitioner except
for knife and if any recovery was shown, the bail bond of the
petitioner will not be accepted.
(Arun Kumar Jha, J)
Ashish/-
U T
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