Patna High Court
Kishun MaliversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner with specified conditions.
Summary
Kishun Mali was arrested in connection with Ara GRPS Case No.53 of 2026 for alleged offences under Sections 317(5) and 3(5) of the BNS. The prosecution claimed that a stolen mobile phone and a blade were recovered from his possession, while the petitioner contended that nothing was seized and that the police had not complied with Section 105 of the BNSS during the seizure. The petitioner applied for bail, which was opposed by the State. After hearing both sides, the Court decided to grant bail, imposing conditions of cooperation in trial, physical presence at each court date, and weekly attendance at Ara Police Station. The bail was to be secured by a bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner pending trial for offences under Sections 317(5) and 3(5) of the BNS.
- Whether the seizure of the alleged stolen items complied with Section 105 of the BNSS.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5), 3(5)
- Bihar Narcotic Substances (Seizure) Act — s. 105
Subjects
- bail
- criminal procedure
- seizure
- Section 105
- theft
- mobile phone theft
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41170 of 2026
Arising Out of PS. Case No.-53 Year-2026 Thana- ARA RAIL P.S. District- Bhojpur
======================================================
Kishun Mali S/o- Bir Singh Mali Resident of Village- Chausha Station, North
Nayaipur, PS- Muffasil, District- Buxar,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailesh Kumar, Advocate
For the Opposite Party/s : Mr. Rajendra Singh Shastri, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 29-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Ara GRPS Case No.53 of 2026 registered for the offence
punishable under Sections 317(5) & 3(5) of the BNS.
3. The case of the prosecution, in short, is that from
possession of this petitioner a stolen mobile and a piece of blade
was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that nothing has been recovered from
the possession of this petitioner. It has been submitted that the
witnesses of the seizure list are police personnel and police have
not complied Section 105 of the BNSS while making seizure. It
has been submitted that the petitioner has stolen mobile phones
Patna High Court CR. MISC. No.41170 of 2026(2) dt.29-06-2026
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from railway passengers and he was apprehended from the
railway station.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail with the following
conditions:-
(i) the petitioner shall co-operate in the trial;
(ii) shall remain physically present on each and every
date in the learned trial court, whenever required and
(iii) shall also mark his weekly attendance at Ara P.S.
7. The above named petitioner is directed to be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten
thousand only) with two sureties of the like amount each to the
satisfaction of the court of learned Rail Judicial Magistrate, Ara
Bhojpur in connection with Ara GRPS Case No.53 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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