Patna High Court
Navin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court grants bail to the petitioner with a cash bond and specific conditions, reserving the right to cancel the bail on breach.
Summary
Navin Kumar was arrested in connection with thefts and house break‑ins and charged under Sections 317(4), 317(5) and 111 of the B.N.S. He had been in custody since 2 May 2025 and his earlier bail application was rejected. The petitioner, represented by Mr. Ajit Kumar Singh, argued that he had already suffered detention and would appear diligently in trial, offering that any breach could lead to bail cancellation. The State, represented by Mr. Bharat Bhushan, opposed bail on the ground of the petitioner’s criminal antecedents and the recovery of stolen articles. The Court, after considering the submissions, decided to grant bail subject to a cash bond of Rs. 10,000 and several conditions including regular appearance before the trial court and police, non‑interference with witnesses, and abstention from further offences. The order also emphasized that any violation would result in immediate cancellation of the bail.
Issues considered
- Whether bail should be granted to the accused despite the seriousness of the theft offences and his prior custody
- Whether the conditions imposed are sufficient to ensure the accused’s attendance and prevent tampering with evidence
Legislation cited
- B.N.S. — s. 111, 317(4), 317(5)
Subjects
- bail
- theft
- confession
- criminal antecedent
- Section 317
- Section 111
- Criminal Procedure Code
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.542 of 2026
Arising Out of PS. Case No.-222 Year-2025 Thana- PURNEA SADAR District- Purnia
======================================================
Navin Kumar Son of Kailash Sah Resident of Village - Baijnathpur, Police
Station - Saharsha, District - Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 09-01-2026 Heard Mr. Ajit Kumar Singh, learned counsel for the
petitioner duly assisted by Mrs. Deepmala Kumari and Mr.
Bharat Bhushan, learned APP.
2. The petitioner is in custody in connection with
Sadar P.S. Case No. 222 of 2025 for the offence punishable
under Sections 317(4), 317(5) and 111 of the B.N.S. lodged on
02.05.2025 by the informant, Anupam Raj.
3. As per the informant, a Police Officer stationed
with the Purnea Sadar Police Station, upon information that
Navin Kumar (petitioner herein) is involved in number of
thefts/house breakings, after constituting a team, apprehended
him. He made confession that alongwith his sister, Arti Kumari
who does the ‘recce’ of the houses alongwith Babli Kumari and
her husband, Prem Kumar have constituted a group who commit
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theft. He also confessed to the theft that took place on
13.04.2025 at a house near Doon Public School and on
18.04.2025 in another house behind the Bandhan Bank.
4. Earlier, the bail of the petitioner was rejected in Cr.
Misc. No. 50261 of 2025 vide an order dated 12.08.2025 and
this is a second attempt.
5. Learned counsel for the petitioner submits that he
has already suffered by being in custody since 02.05.2025, if
granted bail, he shall be diligently appearing in trial and in case,
he is found indulge in any other criminal activity, the
prosecution can taken steps for cancellation of the present bail
bond, if granted relief.
6. Learned APP opposes the prayer for bail submitting
that he has criminal antecedent and there is recovery.
7. Though allegation is there against the petitioner and
certain articles have also been recovered, he has remained in
custody since 02.05.2025 and an undertaking has been given
that he shall be diligently appearing in trial, in that background,
this Court is inclined to extend him the privilege of bail with
conditions.
8. It if further made clear that if the petitioner
indulges in any further activity, the prosecution shall
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immediately take steps for cancellation of the bail bond.
9. Let the petitioner be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten thousand) with two sureties of
like amount each to the satisfaction of learned Additional
Sessions Judge-XI, Purnea in connection with Sadar P.S. Case
No. 222 of 2025 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter I.D. Card/Driving License/Pan
Card) to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every month till the conclusion of the trial to mark
his attendance and after the end of the period, the certificate
shall be submitted before the Trial Court failing which steps
shall be taken for the cancellation of the bail bonds;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
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cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
10. Before parting, this Court would like to put on
record its word of appreciation for Mrs. Deepmala Kumari for
the assistance rendered in the matter.
(Rajiv Roy, J)
Adnan/-
U T
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