Patna High Court
Jyoti Kumari @ Lovely Kumari @ LovelyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court granted bail to the petitioner, subject to conditions, under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioner, Jyoti Kumari, applied for bail in a theft case (Patliputra P.S. Case No. 587 of 2024) involving alleged robbery of gold, silver ornaments and cash. The FIR names unknown persons; the petitioner asserts she is not named, not shown in CCTV footage, and no stolen items have been recovered from her. She disclosed nine prior criminal cases, eight of which resulted in bail and one pending before the court. The State opposed bail, but the court, considering the lack of direct evidence linking her to the crime, granted bail subject to conditions under Section 482(2) of the B.N.S.S., 2023, requiring a bond of Rs.10,000 with two sureties and compliance with further stipulations. The order directs her to surrender within eight weeks if arrested, and provides for cancellation of bail if undisclosed antecedents are later discovered.
Issues considered
- Whether bail should be granted to the petitioner in a theft case under Sections 331(4) and 305(a) of the B.N.S. given the absence of direct evidence against her.
- Whether the court can impose bail conditions under Section 482(2) of the B.N.S.S., 2023 in the present circumstances.
Legislation cited
Subjects
- bail
- theft
- criminal antecedents
- Section 482
- preliminary investigation
- cautionary conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78110 of 2025
Arising Out of PS. Case No.-587 Year-2024 Thana- PATLIPUTRA District- Patna
======================================================
Jyoti Kumari @ Lovely Kumari @ Lovely W/o Ravi Kumar, Resident of
Sakin- East Nand-Gola, P.S.- Malsalami, Patna City, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvottam Kumar, Advocate
For the State : Ms. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending her arrest,
in connection with Patliputra P.S. Case No. 587 of 2024, dated
28.12.2024, registered for the offences punishable under
Sections 331(4) and 305(a) of B.N.S.
3. The present F.I.R. has been lodged against
unknown persons regarding theft of golden and silver ornaments
besides cash and foreign currency, some clothes and house hold
items. As per the prosecution case, the informant was away from
his house and during his absence, theft was committed by
unknown persons and further claim in the F.I.R., as per CCTV
footage, the occurrence has taken place at 1:00 am on
27.12.2024.
Patna High Court CR. MISC. No.78110 of 2025(3) dt.26-02-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. Learned counsel for the petitioner further submits that
petitioner has not named in the F.I.R., nor she is shown in the
CCTV footage, nor any recovery has been made from
possession of the petitioner. He further submits that petitioner
has nine criminal antecedents, out of which she has already been
on bail in eight cases and one is pending before this Court for
consideration.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
7. Considering the nature of allegation and the
material on record, this petition is allowed, directing the
petitioner, above-named, to be enlarged on bail, in the event of
her arrest or surrender before the court below within a period of
eight weeks from the date of receipt / production of a copy of
this order, on her furnishing bail bonds in the sum of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned concerned Court Below, in
Patna High Court CR. MISC. No.78110 of 2025(3) dt.26-02-2026
3/3
connection with Patliputra P.S. Case No. 587 of 2024, subject to
the conditions as laid down under Section 482 (2) of the
B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedent other than
the disclosed one, learned court below shall cancel the bail
bonds of the petitioner after hearing her and getting satisfied
that the petitioner has concealed her criminal antecedents
despite her knowledge of the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
ravishankar/-
U T
Checking your session…