Patna High Court
Rajan Kumar @ Rjan Kumar @ Rajjan Kumar @ RijanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court held that bail should be granted to all three petitioners.
Summary
The petitioners—Rajan Kumar, Mohan Kumar and Sangam Kumari—were implicated in a theft case (Sasaram (M) P.S. Case No. 338 of 2025) under sections 303(2), 112, 317(2) and 317(5) of the Bharatiya Nyaya Sanhita, 2023, for allegedly stealing a gold chain. They contended that the FIR was lodged against unknown persons and that they were falsely implicated, noting that no gold chain was recovered from them and that their custody dates back to late October and early November 2025. The trial court record showed that Sangam Kumari was apprehended by the public, identified the other two as accomplices, and a search seized cash and mobile phones but not the chain. Considering the length of custody, the submission of the chargesheet, and the material on record, the High Court granted regular bail to all three petitioners upon furnishing a bail bond of Rs.10,000 with two sureties each. The order directed the bail to be satisfied before the Chief Judicial Magistrate, Rohtas at Sasaram.
Issues considered
- Whether the petitioners, accused under sections 303(2), 112, 317(2) and 317(5) of the Bharatiya Nyaya Sanhita, are entitled to regular bail despite the investigation findings and their period of custody.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 112, 303(2), 317(2), 317(5)
Subjects
- regular bail
- false implication
- theft
- Bharatiya Nyaya Sanhita
- criminal procedure
- chargesheet
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6811 of 2026
Arising Out of PS. Case No.-338 Year-2025 Thana- SASARAM MUFFSIL District- Rohtas
======================================================
1. Rajan Kumar @ Rjan Kumar @ Rajjan Kumar @ Rjjan Son of Binod Ram
R/o-village- Daulatabad, P.S.- Mohammabad, Dist- Ghajipur, Uttar Pradesh
(UP).
2. Mohan Kumar Son of Raja Ram Resident of village- Jahurabad, Chakjanav,
PS- Bareshar, Dist- Ghajipur, Uttar Pradesh (UP).
3. Sangam Kumari @ Bijul Daughter of Chhanga Nut R/o- village-
Daulatabad, P.S.- Mohammabad, Dist- Ghajipur, Uttar Pradesh (UP).
... ... 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. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 25-02-2026 Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of regular bail in connection with Sasaram (M) P.S. Case
no. 338 of 2025 registered under sections 303(2), 112, 317(2)
and 317(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that while doing puja, unknown accused persons stole her gold
chain.
4. Learned counsel for the petitioners submits that the FIR
was registered against unknown. The petitioners were falsely
implicated in the case in course of investigation. It is further
Patna High Court CR. MISC. No.6811 of 2026(2) dt.25-02-2026
2/3
submitted that the material that has transpired in course of
investigation has been dealt with in detail in the order of the learned
trial Court from which it would transpire that there is no mention of
any recovery of gold chain from the possession of the petitioners.
The cause of false implication of the petitioners are their antecedents.
The petitioners are in custody since 4.11.2025 and 30.10.2025.
Chargesheet has been submitted in the case and they undertake to
cooperate in the trial.
5. The application for bail is opposed by learned APP
for the State.
6. From perusal of the order of the learned trial Court
it transpires that the material that has transpired in course of
investigation has been dealt with in detail in the order of the
learned trial Court. It transpires that the petitioner no.3 was
caught by the public and handed over to the police wherein she
named the other two petitioners as her accomplice. It is further
stated that on search from them, a total of Rs. 68,500/- in cash,
four mobile phones etc have been seized.
7. Having heard learned counsel for the parties and
having perused the material on record including the details of
the material that has transpired in course of investigation, taking
into consideration the period of custody of the three petitioners
Patna High Court CR. MISC. No.6811 of 2026(2) dt.25-02-2026
3/3
and chargesheet having been submitted in the case, the Court
directs that all the three petitioners above named be enlarged on bail
in connection with Sasaram (M) P.S. Case no. 338 of 2025 on each
of them furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to
satisfaction of the learned Chief Judicial Magistrate, Rohtas at
Sasaram.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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