Patna High Court

Rajesh Kumar GuptaversusThe State of Bihar

Decided: 17 January 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

The court held that the petitioner is entitled to bail and ordered his enlargement on bail.

Summary

The petitioner, Rajesh Kumar Gupta, was charged under sections 334(1) and 303(2) of the Bhartiya Nyaya Sanhita for alleged theft of jewellery worth Rs. 6 lakh and cash. The prosecution’s case is based on the statement of a co‑accused, Gautam Kumar, who implicated the petitioner, but no incriminating material was recovered from him. The petitioner contended that he was falsely implicated and has been in custody since 21 May 2025, with the charge‑sheet already filed. He applied for regular bail, undertaking cooperation with the investigation. After considering the length of custody, the charge‑sheet, the lack of material evidence and the co‑accused’s own bail, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether regular bail can be granted to the petitioner under sections 334(1) and 303(2) of the Bhartiya Nyaya Sanhita given the circumstances of alleged false implication and prolonged pre‑trial detention?

Legislation cited

Bhartiya Nyaya Sanhita, 2023 — s. 303(2), 334(1)

Subjects

regular bail
theft
false implication
Bhartiya Nyaya Sanhita
section 334
section 303
pre‑trial detention
charge sheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.67942 of 2025
                         Arising Out of PS. Case No.-59 Year-2025 Thana- GURUA District- Gaya
                 ======================================================
                 Rajesh Kumar Gupta Son of Late Ganga Prasad Gupta Resident of Shahid
                 Road Chowk, Gaya, P.S.- Kotwali, District - Gaya, State - Bihar.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Kamlesh Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   17-01-2026                  1. Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Gurua P.S. Case no.59

                   of 2025 registered under sections 334(1) and 303(2) of the

                   Bhartiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the informant states

                   that having closed his jewellery shop in the evening, he returned

                   home. The next morning he received information about the

                   shutter of his shop having been broken. On reaching his shop,

                   he found that the shutter and the locker inside the shop had been

                   broken and jewellery worth Rs. 6 lacs and Rs. 25,000/- in cash

                   had been stolen.

                                4. Learned counsel for the petitioner submits that the

                   F.I.R. was registered against unknown. The name of the
Patna High Court CR. MISC. No.67942 of 2025(3) dt.17-01-2026
                                            2/3




          petitioner transpired in course of investigation when he was

          falsely implicated on the statement of co-accused Gautam @

          Sipu @ Sibu. No incriminating article has been recovered from

          the petitioner’s possession and the cause of his false implication

          is his antecedents. The aforesaid Gautam Kumar @ Sipu @ Sibu

          has been enlarged on bail vide order dated 10.12.2025 passed in

          Cr. Misc. no.68586 of 2025. The petitioner is in custody since

          21.5.2025 and charge-sheet has been submitted in the case. The

          petitioner undertakes to cooperate in the investigation/trial.

                       5. The application for bail is opposed by learned A.P.P

          for the State.

                       6. Having heard learned counsel for the parties and

          having perused the contents of the petition, the allegations in the

          FIR, the material that has transpired in course of investigation,

          the name of the petitioner transpiring in the statement of co-

          accused Gautam Kumar @ Sipu @ Sibu who has himself been

          enlarged on bail vide aforesaid order dated 10.12.2025, the

          petitioner having remained in custody for more than 7 months

          since 21.5.2025 and charge-sheet having been submitted in the

          case, the petitioner is directed to be enlarged on bail in

          connection with Gurua P.S. Case no.59 of 2025 on furnishing

          bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
             Patna High Court CR. MISC. No.67942 of 2025(3) dt.17-01-2026
                                                         3/3




                       sureties of the like amount each to the satisfaction of the learned

                       Judicial Magistrate, 1st Class, Sherghati, Gaya.



                                                   (Partha Sarthy, J)
Shiv/-

U        T

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