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Patna High Court

Navin KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.542 of 2026(2) dt.09-01-2026
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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
Patna High Court CR. MISC. No.542 of 2026(2) dt.09-01-2026
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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
          Patna High Court CR. MISC. No.542 of 2026(2) dt.09-01-2026
                                                      4/4




                    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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