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Patna High Court

Kishun MaliversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                        2/2




                      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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