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Patna High Court

Subham Kumar @ Shubham KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-

U          T


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