Created by Fuzzy Cloud

Patna High Court

Girdhari Kumar @ Girdhari ThakurversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Girdhari Kumar, sought regular bail in a case registered under Sections 303(2) and 334(1) of the BNS for alleged theft of temple ornaments. The prosecution alleged that temple ornaments were stolen and that the petitioner was apprehended, gave a confessional statement, and that silver bricks (1.25 kg) and gold (6.524 g) were recovered, though none of the stolen ornaments were found in his possession. The petitioner, a jeweler, argued that he had not received any of the stolen ornaments and that the alleged offence of receiving stolen property carries a maximum punishment of three years, and he had been in judicial custody since 28‑03‑2025. The State opposed bail, but the court, after considering the facts, directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount. The order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

  • Whether bail should be granted in a case of alleged theft of temple ornaments under Sections 303(2) and 334(1) of the BNS
  • Whether the petitioner’s confessional statement and recovery of silver and gold bricks affect the bail decision
  • Whether the alleged offence of receiving stolen property, punishable with up to three years’ imprisonment, justifies denial of bail

Legislation cited

Subjects

  • regular bail
  • theft
  • receiving stolen property
  • confessional statement
  • judicial custody
  • sureties
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.52549 of 2025
                        Arising Out of PS. Case No.-46 Year-2025 Thana- SUPAUL District- Supaul
                 ======================================================
                 Girdhari Kumar @ Girdhari Thakur S/o Bharat Thakur R/o Parsarma, P.S-
                 Supaul, District- Supaul
                                                                        ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kumar Prabhakar, Advocate
                 For the Opposite Party/s :       Mr. Narsingh Tanti, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   09-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 303(2) and

                   334(1) of the BNS.

                                3. The case of the prosecution, in short, is that from a

                   temple ornaments of deities were stolen.

                                4.    Learned counsel for the petitioner submits that

                   during course of investigation police has apprehended the

                   petitioner and has recorded his confessional statement and

                   thereafter bricks of silver weighing 1.25 kg and gold weighing

                   6.524 gm. were recovered. Learned counsel for the petitioner has

                   submitted that he is a jeweler and no ornament which are subject

                   matter of this case have been recovered from his possession. No

                   TIP has been made even no TIP is possible of the bricks. Learned
            Patna High Court CR. MISC. No.52549 of 2025(4) dt.09-01-2026
                                                        2/2




                      counsel for the petitioner has submitted that utmost the petitioner

                      is having allegation of receiving stolen property for which the

                      punishment is only three years. Learned counsel for the petitioner

                      has lastly submitted that the petitioner is languishing in judicial

                      custody since 28.03.2025.

                                   5. Learned Additional Prosecutor for the State has

                      vehemently opposed the bail application of the petitioner.

                                   6. Considering the aforesaid facts and circumstances of

                      the case, this court is inclined to enlarge the petitioner on bail. The

                      above named petitioner is directed to be released on bail in

                      connection with Supaul P.S. Case No. 46 of 2025 on furnishing

                      bail bond of Rs.10,000/- (ten thousand) with two sureties of the

                      like amount each to the satisfaction of learned CJM, Supaul.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.