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Patna High Court

Jai Prakash SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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