Patna High Court
Girdhari Kumar @ Girdhari ThakurversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Negotiable Statutes (BNS) — s. 303(2), 334(1)
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
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