Patna High Court
Jai Prakash SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner on the condition of a bond and sureties, as he demonstrated a clean antecedent and lack of knowledge of the stolen nature of the gold.
Summary
Petitioner Jai Prakash Sah was arrested in a case under sections 303(2) and 317(2) of the Bharatiya Nagarik Suraksha Sanhita for allegedly buying a gold Lakshmi Chakti that was stolen by co‑accused Aman Kumar. The prosecution relied on the co‑accused’s confession that he sold the stolen gold to the petitioner, while the petitioner claimed he had no knowledge of the theft and was misled about ownership documents. The petitioner argued he had a clean antecedent and that the allegation did not constitute an offence on his part. The State opposed bail, contending the seriousness of the offences. The court, after considering the petitioner’s clean record and lack of knowledge, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the B.N.S.
Issues considered
- Whether the petitioner is liable for offences under sections 303(2) and 317(2) of the Bharatiya Nagarik Suraksha Sanhita for purchasing stolen gold without knowledge of its origin
- Whether bail should be granted to the petitioner pending trial
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 303(2), 317(2), 482(2)
Subjects
- bail
- stolen property
- knowledge
- clean antecedent
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39675 of 2026
Arising Out of PS. Case No.-511 Year-2025 Thana- BEGUSARAI TOWN District- Begusarai
======================================================
Jai Prakash Sah Son of Bhola Sah Resident of Village- 271/272, Ward No. 33,
Sonarpatti, Mungeriganj, P.S.- Town Begusarai, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Opposite Party/s: Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 303(2) and 317(2)
of B.N.S.
3 . The prosecution case in brief, is that on December
9, 2025, at approximately 4:00 p.m., an 18-year-old boy boarded
the informant Rajesh Sah’s E-rickshaw near Lohiyanagar
Gumti, snatched his Samsung mobile phone (SIM No.
6205346068), and fled. Upon calling his stolen number from
another phone, Constable Vivek Kumar answered and informed
Sah that the device had been recovered under suspicious
circumstances from a boy named Aman Kumar, who was now in
police custody. At the police station, Sah identified Aman
Patna High Court CR. MISC. No.39675 of 2026(2) dt.24-06-2026
2/3
Kumar as the thief and recognized his stolen mobile.
Concurrently, another informant at the station, Daulat Devi,
identified Aman Kumar as the individual who had forcibly
snatched a gold Lakshmi Chakti from her 6-7-year-old
granddaughter, Anvi Kumari, at her grocery shop. During
interrogation, the accused confessed to the theft and admitted to
selling the stolen gold Chakti to Jai Prakash (petitioner), the
owner of J.P. Jewellers in Mungeriganj, for ₹3,000/-. Thereafter
the present case was lodged.
4. It is submitted on behalf of the petitioners that
petitioner has committed no offence as alleged. The name of the
petitioner transpired in the confessional statement of the co-
accused Aman Kumar. It is true that the alleged gold Chakti was
purchased by petitioner from Aman Kumar but petitioner had no
knowledge that the gold Chakti was stolen. As a matter of fact,
co-accused Aman Kumar came to his shop and told that her
mother is very serious and for her treatment he needs money
and therefore he sold the gold Chakti and when the petitioner
questioned him regarding the ownership documents or receipt
for the Chakti then Aman Kumar misled him by stating that he
had simply forgotten the papers at home . Petitioner claims
clean antecedent.
Patna High Court CR. MISC. No.39675 of 2026(2) dt.24-06-2026
3/3
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the aforesaid facts, clean antecedent of
the petitioner and other circumstances of the case , in the event
of arrest or surrender within eight weeks from today, let the
petitioner, as named above, be enlarged on bail on furnishing
bail bond of Rs.10,000/-(ten thousand) with two sureties of the
like amount each to the satisfaction of the learned C.J.M.,
Begusarai, in connection with Begusarai Town P.S. Case No.
511 of 2025 , subject to the conditions laid down under section
482(2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/Alok
Raj-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.