Patna High Court
Subham Kumar @ Shubham KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court granted bail to the petitioner subject to the conditions prescribed under Section 438(2) CrPC and Section 482(2) BNSS.
Summary
The petitioner, Subham Kumar, was named in an FIR for alleged theft of cash and jewellery from a neighbour's house, under Sections 331(4) and 305 of the Bharatiya Nyaya Sanhita, 2023. The FIR was based largely on suspicion arising from a neighbourhood dispute, and the petitioner asserted a clean antecedent. He applied for bail, while the Additional Public Prosecutor opposed the relief. The Court examined the prima facie nature of the allegations and the statutory provisions governing bail. Considering that the case rested on suspicion and that the petitioner was willing to surrender, the Court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted to the petitioner when the FIR is based on suspicion under Sections 331(4) and 305 of the BNS
- Whether the provisions of Section 438(2) CrPC and Section 482(2) BNSS are applicable for granting bail in this case
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 305, 331(4)
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- theft
- suspicion
- Bharatiya Nyaya Sanhita
- CrPC
- Bhartiya Nagrik Suraksha Sanhita
- criminal procedure
- preliminary investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40077 of 2026
Arising Out of PS. Case No.-87 Year-2025 Thana- SULTANGANJ District- Bhagalpur
======================================================
Subham Kumar @ Shubham Kumar S/o- Sharvan Mandal @ Gulsan Mandal
R/v- Kumarpur Kharhara Ps- Sultanganj Dist- Bhagalpur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Rajive Ranjan Singh, Advocate
For the Opposite Party/s : Mr.Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner are named in the FIR
and apprehending their arrest in connection with Sultanganj
P.S. Case No.87 of 2025 registered under Sections
331(4)/305 of the Bharatiya Nyaya Sanhita, 2023 (in short
(‘BNS’).
3. As per the FIR, the petitioner was suspected
to commit theft in the House of the informant and other co-
accused persons and stole cash of Rs. 1 lakh, one golden
chain and earballs with other jewellery etc. on the
intervening night of 27/02/2025.
Patna High Court CR. MISC. No.40077 of 2026(2) dt.22-06-2026
2/3
4. It is submitted by learned counsels appearing
for the petitioner that FIR itself suggest that on the basis of
suspicion the petitioner was implicated in the present case
along with other co-accused person. It is pointed out that
due to neighbourhood dispute and differences the petitioner
was implicated with the present commission of theft. The
petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of the facts and submissions and by
taking note of fact as implications of petitioner prima facie
appears raised on the basis of suspicion by informant,
accordingly, the petitioner, above-named in the event of his
arrest or surrender in the court below within a period of four
weeks, is directed to be released on bail, on furnishing bail
bond of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the
learned Additional Chief Judicial Magistrate-I Bhagalpur,
District- Bhagalpur in connection with Sultanganj P.S. Case
No.87 of 2025, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal(in short
Patna High Court CR. MISC. No.40077 of 2026(2) dt.22-06-2026
3/3
‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik
Suraksha Sanhita, 2023 (in short ‘BNSS')
(Chandra Shekhar Jha, J)
aniket/-
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