Patna High Court
Uday Mallah @ Sagar Kumar @ Sagar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner with a bond of Rs. 10,000, two blood-relative sureties, and a monthly attendance condition.
Summary
The petitioner, Uday Mallah, was arrested in connection with a theft case (Rampur P.S. Case No. 740 of 2023) alleged under Sections 457 and 380 of the Indian Penal Code. The prosecution alleged that unknown persons broke into an informant's house and stole jewellery and cash. The petitioner had been in custody since 24 January 2024 and his earlier bail application was rejected on 4 October 2024. He applied for bail again, arguing that the prolonged detention warranted release. The Court, after hearing counsel, granted bail on a bond of Rs. 10,000 with two sureties who must be blood relatives, and imposed a condition to appear at the police station every Sunday. The order emphasized that any default in attendance would lead to cancellation of bail.
Issues considered
- Whether bail should be granted to the petitioner under Sections 457 and 380 IPC after prolonged custody
- Whether the conditions imposed by the Court are appropriate for ensuring the petitioner's attendance
Legislation cited
- Indian Penal Code — s. 380, 457
Subjects
- bail
- IPC 457
- IPC 380
- criminal procedure
- custody
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64459 of 2025
Arising Out of PS. Case No.-480 Year-2023 Thana- RAMPUR District- Gaya
======================================================
Uday Mallah @ Sagar Kumar @ Sagar Chaudhary son of Sarju Chaudhary
village- katari Hill, Ps- Chandauti, Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheikh Arkan Ahmad, Advocate
For the Opposite Party/s : Mr. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Rampur P.S. Case No. 740 of 2023 instituted under Sections 457
and 380 of the Indian Penal Code.
3. As per prosecution case, some unknown persons
have entered into the informant’s house and stolen jewellery
items and Rs. 40-50 thousand.
4. Earlier the regular bail application of the
petitioner was rejected on 04.10.2024 in Cr. Misc. No. 37560 of
2024.
5. The learned counsel for the petitioner submits
that the petitioner is in custody since 24.01.2024.
6. Considering the period of custody, let the
Patna High Court CR. MISC. No.64459 of 2025(2) dt.09-02-2026
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petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned A.D.J.-XII,
Gaya, in connection with Rampur P.S. Case No. 740 of 2023,
subject to the following conditions:-
i. Both the bailors shall be blood relatives of the
petitioner.
ii. The petitioner after being released on bail, is
directed to mark his attendance at Chandouti Police Station,
Gaya on each Sunday of every month. Any default in
appearance at the Police Station will result in cancellation of
bail bonds of the petitioner.
(Sandeep Kumar, J)
Jyoti Kumari/-
U T
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